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36
INVENTING

Doing Away With a Bumbling Barrister
 

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Q: Can I fire the lawyer who filed my patent application for me and have the patent office recognize me or some other lawyer as the person applying? My application was recently filed and the required drawings were inaccurate, overpriced and totally unacceptable. The lawyer said he fooled with the prototype and that's why the drawings were inaccurate. I'm concerned that firing him will complicate things now that the application has been filed through his firm.

A: I do not mean to beat my head against your own personal dead horse, but there are a couple of basics that have me puzzled. Why did you sign a patent application that had drawings that were inaccurate and totally unacceptable? And why did you agree to pay for overpriced drawings?

Live and learn.

Let's move on.

You are certainly free to fire your lawyer at any time in any case, except certain criminal cases. Just file a paper notifying the Patent Office of your wishes. I'll suggest a form and format here.

--Use the heading: In the United States Patent and Trademark Office

--Include the following information:

? Serial number

? Application filed

? Applicant or applicants

? Application title

? Examiner or GAU, and

? Date the application was mailed and place from which it was mailed..

Use the salutation: Assistant Commissioner for Patents, Washington DC 20231.

Then add text closely along the lines of the following:

Revocation of Power of Attorney.

Applicant revokes all powers of attorney granted in the above application. Please address all future communications to the undersigned at the below address.

Very respectfully,

Then sign, type your name, type " Applicant Pro Se" below your name, and type in your address and phone number.

Taking this action should not, as you say so tactfully, complicate things with your pending application. You will be on your own, though.

Copyright © 1999 Nolo.com Inc.

Last updated: Oct 22, 1999




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