What process must a practitioner follow to withdraw from a pending application?

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The correct answer is to submit a petition to the director. In the context of patent law and representing clients before the United States Patent and Trademark Office (USPTO), a practitioner must follow specific protocols when intending to withdraw from representing a client in a pending application.

Submitting a petition is a formal process that ensures the withdrawal is documented and appropriately handled by the USPTO. This procedure is necessary to maintain the integrity of the application process and to ensure that all parties, including the client and the USPTO, are aware of the change in representation. It also allows the director to review the circumstances and ensure that the withdrawal does not adversely affect the prosecution of the application.

Simply filing a resignation, notifying the client through email, or making a phone call does not meet the formal requirements set by the USPTO. Instead, these actions do not create an official record of the withdrawal, which can lead to misunderstandings about the status of the application and the responsibilities of the incoming representation, if applicable. Hence, following the proper protocol by submitting a petition is crucial for compliance and professional conduct within patent practice.

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