Can an applicant communicate directly with the USPTO if they have a registered patent attorney?

Can an applicant communicate directly with the USPTO if they have a registered patent attorney?

Generally, when an applicant is represented by a registered patent attorney or agent, direct communication between the applicant and the USPTO is discouraged. The USPTO has specific rules regarding this situation:

• The USPTO will communicate directly with the registered attorney or agent of record.
• Applicants should channel their communications through their appointed representative.
• Direct communication from the applicant may not be officially recognized or acted upon by the USPTO.

MPEP 403.01 clearly states: “The Office will not engage in double correspondence with an applicant and a patent practitioner, or with more than one patent practitioner except as deemed necessary by the Director.” This policy ensures clear and efficient communication channels and prevents potential confusion or contradictory instructions. If an applicant wishes to communicate directly, they should first revoke the power of attorney or authorization of agent on record.

To learn more:

• USPTO communication
• patent attorney representation
• applicant direct communication