Go to MPEP - Table of Contents
Notice regarding Section 508 of the Workforce Investment Act of 1998. Section 508 of the Workforce Investment Act of 1998 requires all United States Federal Agencies with websites to make them accessible to individuals with disabilities. At this time, the MPEP [HTML] files below do not meet all standards for web accessibility. Until changes can be made to make them fully accessible to individuals with disabilities, the USPTO is providing access assistance via telephone. MPEP Interim Accessibility Contact: 703-305-8813.
402.06 Attorney or Agent Withdraws - 400 Representative of Inventor or Owner
402.06 Attorney or Agent Withdraws
See 37 CFR 1.36 in MPEP § 402.05. See also 37 CFR 10.40.
In the event that a notice of withdrawal is filed by the attorney or agent of record, the file will be forwarded to the Technology Center Director where the application is assigned where appropriate procedure will be followed pertaining to the withdrawal. The withdrawal is effective when approved rather than when received.
To expedite the handling of requests for permission to withdraw as attorney or agent, under 37 CFR 1.36, Form PTO/SB/83 may be used. Because the Office does not recognize law firms, each attorney of record must sign the notice of withdrawal, or the notice of withdrawal must contain a clear indication of one attorney signing on behalf of another.
The Commissioner of Patents and Trademarks usually requires that there be at least 30 days between approval of withdrawal and the later of the expiration date of a time period for reply or the expiration date of the period which can be obtained by a petition and fee for extension of time under 37 CFR 1.136(a). This is so that the applicant will have sufficient time to obtain other representation or take other action. If a period has been set for reply and the period may be extended without a showing of cause pursuant to 37 CFR 1.136(a) by filing a petition for extension of time and fee, the practitioner will not be required to seek such extension of time for withdrawal to be approved. In such a situation, however, withdrawal will not be approved unless at least 30 days would remain between the date of approval and the last date on which such a petition for extension of time and fee could properly be filed.
For withdrawal during reexamination proceedings, see MPEP § 2223.
