Can an attorney withdraw from a patent application without the applicant’s consent?
Can an attorney withdraw from a patent application without the applicant’s consent?
Yes, an attorney can withdraw from a patent application without the applicant’s consent under certain circumstances. However, the withdrawal must be approved by the USPTO. The MPEP 402.06 states:
‘An attorney or agent may withdraw from representing an applicant or assignee in a patent application pending before the USPTO… When appropriate, the Office will require the applicant or assignee to revoke the previous power of attorney and appoint new attorney(s) of record.’
While the applicant’s consent is not explicitly required, the USPTO considers the following factors when deciding whether to approve a withdrawal:
- The reasons for withdrawal
- The stage of prosecution
- The potential impact on the applicant
The USPTO may deny the withdrawal if it would unduly prejudice the applicant or delay the prosecution of the application.
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