How can a U.S. attorney withdraw from representation in a PCT application?

U.S. attorneys wishing to withdraw from representation in PCT applications should follow these steps:

1. Submit a request to withdraw to the International Bureau or the receiving Office at Mail Stop PCT.
2. Include current mailing addresses of the withdrawing attorney and the applicant.
3. Each attorney of record must sign the withdrawal notice, or there must be a clear indication of one attorney signing on behalf of another.
4. Certify compliance with 37 CFR 11.116, including:
   • Giving reasonable notice to the client before the reply period expires.
   • Delivering all papers and property (including funds) to which the client is entitled.

As stated in MPEP 1808:

“U.S. attorneys or agents wishing to withdraw from representation in international applications may request to do so. To expedite the handling of requests for permission to withdraw as attorney, the request should be submitted to the International Bureau or to the receiving Office at Mail Stop PCT and should indicate the present mailing addresses of the attorney who is withdrawing and of the applicant.”

Note that the USPTO will not approve withdrawal requests from practitioners not appointed in a power of attorney but acting under 37 CFR 1.34.

To learn more:

• PCT
• attorney withdrawal
• international application
• USPTO