Can an attorney withdraw from patent representation without client consent?
Can an attorney withdraw from patent representation without client consent?
While it’s generally preferable to obtain client consent, an attorney can withdraw from patent representation without client consent under certain circumstances. However, they must still follow proper procedures and notify the USPTO. The MPEP 402.06 states:
“The requirements for withdrawal of an attorney or agent are set forth in 37 CFR 1.36. The Office of Enrollment and Discipline (OED) handles withdrawal of entire firms.”
Key points to consider:
- The attorney must provide notice to the client and the USPTO.
- Reasons for withdrawal without consent may include ethical conflicts or non-payment of fees.
- The USPTO may require the attorney to show good cause for withdrawal.
- The withdrawal should not unduly prejudice the client’s interests.
Attorneys should consult 37 CFR 1.36 and applicable state bar rules when considering withdrawal without client consent.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure