What steps must a practitioner take when terminating representation?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 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.

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