# MPEP § 2804.01: Withdrawal of Attorney or Agent

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S2804.01

## Section

- **Citation:** MPEP § 2804.01
- **Heading:** Withdrawal of Attorney or Agent
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 2800 - Supplemental Examination / MPEP § 2804.01

## Text

For a practitioner to withdraw from representation in a
patent, supplemental examination proceeding, or a reexamination proceeding, the Office
no longer requires that there be at least 30 days remaining in any running period for
response between the approval of a request to withdraw and the expiration date of any
running period for response. Instead, pursuant to
37 CFR
11.116(d)
, a practitioner must take steps to the extent reasonably
practicable to protect a client’s interests, such as giving reasonable notice to the
client, allowing time for employment of other counsel, surrendering papers and property
to which the client is entitled and refunding any advance payment of fee or expense that
has not been earned or incurred. “Reasonable notice” should allow for a reasonable
amount of time for the client to seek the services of another practitioner prior to the
expiration of any applicable response period. When the correspondence address changes as
a result of the withdrawal, the withdrawing practitioner(s) must request that the Office
direct all future correspondence to the patent owner of record. Practitioners may do so
by specifying either the correspondence address of the patent owner, or the address
associated with the Customer Number of the patent owner. Withdrawing practitioner(s)
cannot change the correspondence address to the address associated with the Customer
Number of another law firm, or to any address other than that of the patent owner of
record. See
MPEP §§
402.06
and
2805
.
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## Nearby sections

- [MPEP § 2801 Introduction](https://www.frixlaw.com/law-library/statutes/MPEP_S2801.md)
- [MPEP § 2802 Supplemental Examination](https://www.frixlaw.com/law-library/statutes/MPEP_S2802.md)
- [MPEP § 2803 Persons Who May File a Request for Supplemental Examination](https://www.frixlaw.com/law-library/statutes/MPEP_S2803.md)
- [MPEP § 2803.01 Inquiries from Persons Other Than the Patent Owner](https://www.frixlaw.com/law-library/statutes/MPEP_S2803.01.md)
- [MPEP § 2803.02 Public Access](https://www.frixlaw.com/law-library/statutes/MPEP_S2803.02.md)
- [MPEP § 2804 Representative of Patent Owner](https://www.frixlaw.com/law-library/statutes/MPEP_S2804.md)
- [MPEP § 2804.01 Withdrawal of Attorney or Agent](https://www.frixlaw.com/law-library/statutes/MPEP_S2804.01.md)
- [MPEP § 2805 Correspondence with Patent Owner; Patent Owner Address](https://www.frixlaw.com/law-library/statutes/MPEP_S2805.md)
- [MPEP § 2806 How to File Papers in a Supplemental Examination Proceeding and in Any Resulting Ex Parte Reexamination Proceeding](https://www.frixlaw.com/law-library/statutes/MPEP_S2806.md)
- [MPEP § 2807 Format of Papers Filed in a Supplemental Examination Proceeding](https://www.frixlaw.com/law-library/statutes/MPEP_S2807.md)
- [MPEP § 2808 Time for Requesting Supplemental Examination](https://www.frixlaw.com/law-library/statutes/MPEP_S2808.md)
- [MPEP § 2809 Items of Information](https://www.frixlaw.com/law-library/statutes/MPEP_S2809.md)
- [MPEP § 2809.01 Information Relating to the Correction of Factual Information](https://www.frixlaw.com/law-library/statutes/MPEP_S2809.01.md)
- [MPEP § 2810 Fees Due on Filing a Supplemental Examination Request](https://www.frixlaw.com/law-library/statutes/MPEP_S2810.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S2804.01. Check the current official text before relying on it. Not legal advice.