What is a prerequisite for a practitioner to withdraw from representing a pending application?

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The correct answer is that delivering all papers and property to the client is a prerequisite for a practitioner to withdraw from representing a pending application. This is crucial because the ethical obligations established by the American Bar Association (ABA) and the Patent and Trademark Office (PTO) require that attorneys ensure their clients are not left in a disadvantageous position upon withdrawal.

When a practitioner decides to withdraw from a case, they must provide the client with all relevant documents and property that pertain to the application. This includes any materials acquired during the course of representation that the client might need in order to continue pursuing their patent application, whether with another practitioner or on their own. This action underscores the practitioner's duty to maintain the client's interests and serve their needs even while ending the attorney-client relationship.

In contrast, while obtaining approval from the client and providing a letter of resignation may be good practices, they are not explicitly required as prerequisites for withdrawal in the patent application context. Proof of lack of qualifications is also not relevant since withdrawal can occur for various reasons, not solely based on a practitioner's qualifications or their desire to cease representing a client.

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