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 issuing Office actions after being notified of a patent practitioner’s death, the USPTO includes a special notation. The MPEP 406 instructs examiners to add form paragraph 4.03, which states:
“Notice of the death of the attorney or agent of record has come to the attention of this Office. Since the power of attorney is therefore terminated, this action is being mailed to the office of the patent practitioner and to the party who originally appointed the deceased patent practitioner. A new registered attorney or agent may be appointed.”
This notation informs all parties of the practitioner’s death and the need for new representation.
For more information on Form Paragraph 4.03, visit: Form Paragraph 4.03.