What information must an attorney provide to a client about pending responses when withdrawing from a patent case?
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 withdrawing from a patent case, an attorney or agent has specific obligations regarding pending responses. According to MPEP 2623, the practitioner must certify that they have:
“notified the client of any responses that may be due and the time frame within which the client must respond.”
This requirement ensures that the client is aware of any upcoming deadlines or required actions in their patent case. The attorney must provide clear information about:
- Any pending responses or actions required in the case
- The specific deadlines for these responses
- The time frame within which the client must act
This information is crucial for the client to maintain their rights and avoid potential loss of patent rights due to missed deadlines.