What happens if an attorney or agent withdraws without notifying the USPTO?

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.

If an attorney or agent withdraws from representation without notifying the USPTO, it can lead to several issues:

• The USPTO will continue to recognize the attorney or agent as the representative of record.
• Official correspondence will still be sent to the attorney or agent, potentially causing delays or missed deadlines.
• The applicant may not receive important communications about their application.

According to MPEP 402.06: “A registered attorney or agent who has been given a power of attorney and who withdraws from the application without relinquishing the power of attorney to the USPTO is still considered to be the attorney or agent of record.” To properly withdraw, the attorney or agent should follow the procedures outlined in 37 CFR 1.36 and notify the USPTO in writing.