Can a patent practitioner change the correspondence address without the applicant’s approval?
Can a patent practitioner change the correspondence address without the applicant’s approval?
Generally, a patent practitioner cannot change the correspondence address without the applicant’s approval. The MPEP 601.03 states:
“A patent practitioner acting in a representative capacity whose correspondence address is the correspondence address of record in an application may change the correspondence address in that application to his or her address.”
However, this is subject to important conditions:
- The practitioner must be acting in a representative capacity.
- Their address must already be the correspondence address of record.
- If the practitioner is no longer representing the applicant, they should not change the address.
It’s important to note that the applicant retains the right to revoke the practitioner’s power of attorney and change the correspondence address at any time. Best practice is for practitioners to communicate with applicants before making any changes to ensure proper authorization and maintain a clear chain of communication with the USPTO.
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