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