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[RadarPat]

My client has been behind in its bills for over a year.  I believe they no longer have the ability to pay any future bills.

The client has a small portfolio including issued patents, several pending U.S. appplications, and several pending PCTs.  The U.S. applications and PCTs were recently published.  Some of the U.S. applications have received first office actions.

1. Do I need to do anything special (petition to withdraw?) to stop representing in the PCT cases?
2. How likely is it that the U.S. PTO will grant a request to withdraw in the cases that have outstanding first office actions?
3. How likely is it that the U.S. PTO will grant a request to withdraw that is filed along with a response to an outstanding first office action?
4. How likely is it that the U.S. PTO will grant a request to withdraw in the cases that DO NOT YET have outstanding first office actions?

5. Any advice?  Am I on the hook for all of these cases?

[JimIvey]

I haven't done anything like that recently, so my understandings might be incorrect and/or obsolete.

(3) and (4) are pretty likely to be granted.  Last I recall, situations like (2) were more tricky.  I remember hearing somewhere that, ethically, an attorney of record that knows a client needs a filing can't refuse to make the filing for failure of the client to pay; however, the attorney need not advance any required fees. 

California law?  PTO rules/regs?  I don't remember.

How far ahead of the requisite filing can the attorney withdraw?  I don't know.  I believe it's related to the reasonableness of the client's opportunity to find alternative counsel.

As for (1), I'm not sure what the procedure is.  I bet it exists and that it's similar to the process for US application -- some paper filed by the attorney, providing a new correspondence address for the matter.

Sorry I couldn't be more helpful.

[Jonathan]

Regarding PCT withdrawal as representative, see MPEP 1808. Seems to just basically involve sending in a paper to say 'remove me as agent.'

[ChrisWhewell]

I agree with both responses.  For PCT, once it's filed, it's effectively only a provisional, usually for all countries of the world, but until national apps are filed, there really are no truly pending applications, rather, only a preserved right to file with ability to claim back priority.   2) and 3) should be no problemo.

For 1), you might still ponder filing the Petition to Withdraw, and serve a copy to the fee-recalcitrant.   Chances are, they know nothing of PTO procedure and when faced with the prospect of having no representation, they'll likely pony up the fees, especially if the copy you send fee-recalcitrant contains a statement to the effect that "A response is due on 0X/YY/2008 and failure to file a timely response to the outstanding Action shall result in abandonment of the application.  I would expect that responding to the Action would require between about $ XXX and $ Z,XXX."   That is, unless they hate you for some reason, in which case they'll still be likely to seek another source of services.