switching attorneys prosecution phase

Question

After choosing a patent attorney for taking care of the application, are we pretty much "tied" to this one attorney for all issues regarding the respective patent? Is it possible to switch advisers should we choose to appeal a negative decision by the Patent Office? Would there be draw-backs?

Answers: 2 public & 1 private

Steven weinrieb
Patent Attorney

It is your right to switch attorneys if you feel the need to. It is a simple matter to do - there is a form on the USPTO website for a Power of Attorney which also revokes all previous Powers of Attorney - as soon as the applicant/assignee signs that and files it with the USPTO, the USPTO sends a notice to the original attorneys notifying them that their power has been revoked and they send a notice to the new attorneys stating that their power of attorney has been accepted.

Ashutosh choudhary
IP Consultant

Hi,

You can switch attorney during prosecution phase of patent application. For this you have or your new attorney have to file New Power of attorney regarding that application and many inventor/companies do this during prosecution, so no issue.

You can go for negative appeal in PTO but in maximum cases there had not been any major relief provided by PTO in this regard,so based on situation, it's wise to change attorney ASAP

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