Can an assignee conduct patent prosecution after attorney withdrawal?
Yes, an assignee can conduct patent prosecution after attorney withdrawal under certain conditions:
- The assignee must have originally appointed the withdrawing attorney or agent.
- The assignee becomes recognized by the Office for all purposes in the application.
- The assignee can sign amendments and other papers related to the prosecution.
The MPEP 402.06 states: ‘If the applicant is the assignee who appointed the withdrawing attorney or agent, the applicant may conduct the prosecution of the application, for example, by signing amendments and other papers related to the prosecution of the application.’
It’s important to note that while assignees can conduct prosecution, they may benefit from seeking new professional representation to navigate the complex patent process effectively.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure