What are the requirements for an attorney or agent to withdraw from a patent reexamination proceeding?

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.

According to MPEP 2623, for a practitioner to withdraw from a patent and/or reexamination proceeding, they must comply with 37 CFR 11.116. The practitioner(s) must certify that they have:

• Given reasonable notice to the client, prior to the expiration of the response period, of their intention to withdraw from employment
• Delivered all papers and property (including funds) to which the client is entitled
• Notified the client of any responses that may be due and the time frame within which the client must respond

The MPEP states: “‘Reasonable notice’ would allow a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period.”