What steps must a practitioner take when terminating representation?

When terminating representation, a practitioner must take several steps to protect the client’s interests, as outlined in 37 CFR 11.116(d):

  • Give reasonable notice to the client
  • Allow time for the client to employ other counsel
  • Surrender papers and property to which the client is entitled
  • Refund any advance payment of fees or expenses that have not been earned or incurred

Additionally, the practitioner must comply with applicable laws requiring notice to or permission from a tribunal when terminating representation, as per 37 CFR 11.116(c).

The USPTO provides forms (PTO/SB/83 or PTO/AIA/83) that include a section for practitioners to certify the completion of these necessary activities. Practitioners can also file a Web-based e-petition for withdrawal.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: USPTO Forms