When does a practitioner's request for withdrawal become effective?

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The effectiveness of a practitioner's request for withdrawal is contingent upon approval by the Director of the United States Patent and Trademark Office (USPTO). This process ensures that the withdrawal is in accordance with the rules governing the practice before the USPTO and that it does not adversely affect the client's interests or the integrity of the legal proceedings.

To properly manage withdrawal requests, practitioners must follow prescribed procedures, including notifying the client and obtaining necessary approvals. While notifying the client is an important step in the withdrawal process and must be done, it is the formal approval by the Director that officially makes the withdrawal effective. This systematic approach protects the interests of both the client and the integrity of patent practice.

The other options do not encapsulate the procedure set forth by the USPTO. For example, suggesting that withdrawal occurs immediately upon sending the request fails to recognize the necessary approval step, while stating that it becomes effective upon receiving the request at the PTO does not address the requirement for the Director's approval. Notifying the client is crucial, but it does not establish the legal effectiveness of the withdrawal on its own, as the request must still be approved by the Director.

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