What actions should a law firm take when a patent practitioner dies?

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.

When a patent practitioner dies, the law firm should take the following actions:

• Promptly notify the USPTO’s Office of Enrollment and Discipline (OED) of the practitioner’s death.
• Inform clients with pending applications about the situation and the need to appoint a new representative.
• Assist clients in filing new powers of attorney or authorizations of agent for pending applications.
• Provide the USPTO with updated correspondence addresses for affected applications.

The MPEP 406 states: ‘When it is known that the attorney or agent of record in an application is deceased, the Office should be promptly notified.’ This notification helps ensure a smooth transition and continued proper handling of patent applications.

For more information on patent practitioner death, visit: patent practitioner death.

For more information on USPTO notification, visit: USPTO notification.