What are the time constraints for filing a request to withdraw as a patent practitioner?

The timing of filing a request to withdraw as a patent practitioner is crucial. According to the MPEP:

  • The USPTO will review and decide on withdrawal requests filed before the expiration of a time period for reply or before the expiration of a time period that can be extended under 37 CFR 1.136(a).
  • Requests filed after these deadlines will be placed in the application file but will not be treated on their merits.
  • Revocations of power of attorney filed after these deadlines will also simply be placed in the application file, with the exception of those accompanied by a petition to revive.

It’s important to note that the USPTO may render a decision on a timely filed request even after the stated period for reply, after the application is abandoned, or after proceedings have terminated.

For reexamination proceedings, practitioners should refer to MPEP § 2223 for specific guidance on withdrawal.

To learn more:

Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: USPTO deadlines