Who can change the correspondence address in a patent application?

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.

The correspondence address in a patent application can be changed by specific parties as outlined in 37 CFR 1.33(a):

  • A patent practitioner of record (37 CFR 1.33(b)(1))
  • The applicant (37 CFR 1.33(b)(3))
  • Prior to the appointment of any power of attorney, any patent practitioner named in the application transmittal papers who acts in a representative capacity under 37 CFR 1.34

It’s important to note that after a power of attorney has been appointed, a practitioner acting in a representative capacity cannot change the correspondence address until after the patent has issued, and only with proper notice to the patentee or owner.

Topics: MPEP 400 – Representative of Applicant or Owner Patent Law Patent Procedure
Tags: Correspondence Address