What happens if an attorney or agent withdraws from representation in 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.

When an attorney or agent withdraws from representation in a patent application, the following occurs:

• The USPTO will correspond directly with the applicant until a new Power of Attorney or address change is filed.
• The withdrawal is effective when approved by the Office, not when received.
• The Office may require the applicant or assignee to revoke the previous Power of Attorney and appoint a new representative.

As stated in MPEP 402.06: ‘In the event the power of attorney is withdrawn, the Office will communicate directly with the applicant… until a new registered attorney or agent is appointed.’