406 Death of Patent Practitioner [R-11.2013]
The power of attorney of a patent practitioner will be revoked or terminated by his or her death. The patent practitioner may not appoint a “substitute” and any attempt by the patent practitioner 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 of the death of the sole practitioner of record is received by the Office, correspondence continues to be held with the office of the deceased practitioner but a copy of the Office action is also mailed to the person who originally appointed the practitioner. In such an Office action, the examiner should add form paragraph 4.03.
¶ 4.03 Death of Patent Practitioner
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, this action is being mailed to the office of the patent practitioner and to the party who originally appointed the deceased patent practitioner. A new registered attorney or agent may be appointed.
Note MPEP § 405.