How does attorney withdrawal affect the power of attorney in a patent application?
How does attorney withdrawal affect the power of attorney in a patent application?
When an attorney withdraws from a patent application, it affects the power of attorney status. According to MPEP 402.06:
“The Office will not remove the names of practitioners who have been granted a power of attorney or authorization of agent from the list of practitioners of record at the request of the practitioner filing the withdrawal.”
This means that even after withdrawal, the attorney’s name may remain on record unless specific actions are taken. However, the withdrawn attorney no longer has the authority to act on behalf of the application. To fully revoke the power of attorney, the applicant must file a revocation and/or new power of attorney. It’s crucial for applicants to update their power of attorney promptly after an attorney’s withdrawal to ensure proper representation and communication with the USPTO.
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