What happens to pending patent applications when a patent practitioner dies?

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.

Topics: MPEP 400 - Representative of Applicant or Owner, MPEP 406 - Death of Patent Practitioner, Patent Law, Patent Procedure
Tags: patent practitioner death, pending applications, USPTO notification