When Withdrawal From Representation Is Mandatory

Law360 (March 4, 2011, 3:25 PM EST) -- Section 10.40 of the U.S. Patent and Trademark Office Code of Professional Responsibility sets forth the criteria for withdrawing from representation of patent and trademark applicants during the prosecution of their applications. See 37 C.F.R. § 10.40. The rule provides for mandatory withdrawal and permissive withdrawal. This article highlights some of the requirements for mandatory withdrawal, which is governed by 37 C.F.R. § 10.40(b).

Withdrawal is mandatory when the patent or trademark practitioner knows, or it is obvious: 1) That the client is instructing the practitioner...
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