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According to MPEP 402.06: ‘For applications in which the attorney or agent has withdrawn from representation, the Office will communicate directly with the applicant … until such time as a new attorney or agent is appointed.’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.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure