How does the USPTO handle communication after an attorney withdraws from a patent application?

After an attorney withdraws from a patent application, the USPTO adjusts its communication process as follows:

  • The Office communicates directly with the applicant or assignee.
  • This direct communication continues until a new registered patent practitioner is appointed.
  • The applicant or assignee who originally appointed the withdrawing attorney becomes the point of contact for all purposes in the application.

According to MPEP 402.06: ‘For applications in which the attorney or agent has withdrawn from representation, the Office will communicate directly with the applicant … until such time as a new attorney or agent is appointed.’

It’s crucial for applicants to stay responsive and consider appointing new representation promptly to ensure smooth prosecution of their patent application.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: Attorney Withdrawal, Direct Communication, USPTO communication