Who can change the correspondence address in a pre-AIA patent application?

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 ability to change the correspondence address in a pre-AIA patent application depends on whether a 37 CFR 1.63 oath or declaration has been filed:

• If no oath or declaration has been filed, the correspondence address can be changed by:
  • The party who filed the application
  • Any patent practitioner named in the transmittal papers
  • A party that will be the assignee who filed the application
• If an oath or declaration has been filed, the correspondence address can be changed by the parties set forth in pre-AIA 37 CFR 1.33(b), except for paragraph (b)(2)

As stated in MPEP 403.01(b): Pre-AIA 37 CFR 1.33(a)(1) provides that any party filing the application and setting forth a correspondence address could later change the correspondence address provided that a pre-AIA 37 CFR 1.63 oath/declaration by any of the inventors has not been submitted.