What is the priority order for correspondence addresses in patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
When different correspondence addresses are specified in multiple documents submitted with a patent application, the USPTO follows a specific priority order to determine which address to use. According to MPEP 601.03(b), the priority order is as follows:
- Application Data Sheet (ADS)
- Application Transmittal
- Oath or Declaration (unless a more current power of attorney exists)
- Power of Attorney
The MPEP states: “In the experience of the Office, the ADS is the most recently created document and tends to have the most current address.” Therefore, if you want to ensure a specific correspondence address is used, it’s best to include it in the Application Data Sheet.
Topics:
Patent Law
Patent Procedure