What happens to pending patent applications 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 MPEP 406 outlines the following procedure:

• The Office will notify the applicant of the death of the practitioner.
• The applicant must appoint a new registered patent practitioner or file a change of correspondence address.
• This must be done within the time period set in the notice, which is usually 3 months.
• If no action is taken, the application may be deemed abandoned.

As stated in the MPEP: “If notification of the death of the practitioner is received by the Office, the Office will notify the applicant of the death and the need to appoint a new registered patent practitioner or file a change of correspondence address.”

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

For more information on pending applications, visit: pending applications.

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