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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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According to MPEP 402.06: ‘For applications in which the attorney or agent has withdrawn from representation, the Office will communicate directly with the applicant … until such time as a new attorney or agent is appointed.’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