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406 Death of *>Patent Practitioner< [R-5] - 400 Representative of Inventor or Owner

406 Death of *>Patent Practitioner< [R-5]

The power of a principal *>patent practitioner< will be revoked or terminated by his or her death. Such a revocation or termination of the power of the principal *>patent practitioner< will also terminate the power of those appointed by him or her. Thus, a principal *>patent practitioner< may appoint an associate *>patent practitioner (effective June 25, 2004, the associate power of * patent practitioner practice has been eliminated)< but such a power terminates with that of the principal. The principal *>patent practitioner< may not appoint a "substitute" and any attempt by the principal to appoint a "substitute" *>patent practitioner< whose power is intended to survive his or her own will not be recognized by the Office.

If notification is received from the applicant or assignee of the death of the sole principal *>patent practitioner< and the application is up for action by the examiner, correspondence is held with the applicant or assignee who originally appointed the deceased *>patent practitioner<.

If notification is received from the office of the deceased attorney and the application is up for action, the examiner when preparing the Office action should add form paragraph 4.02.

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¶ 4.02 Death of Patent Practitioner, Notice Received from Patent Practitioner's Office

In view of the notification of the death of the attorney or agent of record, the power of attorney is terminated. A new registered attorney or agent may be appointed.

Examiner Note

As the power of attorney has been terminated, Office correspondence is sent to the applicant or the assignee who originally appointed the deceased attorney or agent.

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If notification of the death of the sole principal attorney is received from the Office of Enrollment and Discipline or some other source, there will be no paper of record in the file wrapper to indicate that the attorney is deceased. Correspondence therefore continues to be held with the office of the deceased attorney but a copy of the Office action is also mailed to the person who originally appointed the attorney. In such an Office action where the application is not ready for allowance, the examiner should add form paragraph 4.03.

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¶ 4.03 Death of Patent Practitioner, Notice from Other Source

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, a copy of this action is being mailed to the [1].

Examiner Note

In bracket 1, insert --applicant-- or --assignee-- if the assignee originally appointed the deceased attorney or agent.

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If notification of the death of the sole principal *>patent practitioner< is received from the Office of Enrollment and Discipline or some other source and the application is ready for allowance, the examiner prepares the application for allowance and writes a letter to the office of the deceased *>patent practitioner< with a copy to the person who originally appointed the deceased *>patent practitioner< including the wording of form paragraph 4.04.

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¶ 4.04 Death of Patent Practitioner, Application Is Ready for Allowance

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 thus terminated, and this application is now ready for allowance, the Notice of Allowance will be mailed to the office of the deceased attorney or agent in the absence of a new power of attorney.

Examiner Note

A copy should also be mailed to the applicant or the assignee who originally appointed the attorney or agent.

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Note MPEP § 405.

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