How does filing a 37 CFR 1.63 oath or declaration affect the correspondence address in pre-AIA applications?

The filing of a 37 CFR 1.63 oath or declaration in pre-AIA applications has significant implications for the correspondence address. According to MPEP 403.01(b):

Where a correspondence address was set forth or changed pursuant to pre-AIA 37 CFR 1.33(a)(1) (prior to the filing of a pre-AIA 37 CFR 1.63 oath or declaration), that correspondence address remains in effect upon filing of a pre-AIA 37 CFR 1.63 declaration and can then only be changed pursuant to pre-AIA 37 CFR 1.33(a)(2).

Key points:

• Filing an oath or declaration doesn’t automatically change the existing correspondence address
• After filing, the process for changing the address becomes more restricted
• The mere filing of an oath/declaration that doesn’t include a correspondence address doesn’t affect any previously established address

This rule ensures continuity in communication while shifting the authority for address changes as the application progresses.

To learn more:

• 37 CFR 1.63 oath
• declaration
• correspondence address
• pre-AIA applications

To learn more:

• 37 CFR 1.63 oath