What is the priority order for correspondence addresses in patent applications?
When different correspondence addresses are specified in multiple documents submitted with a patent application, the USPTO follows a specific priority order to determine which address to use. According to MPEP 601.03(b), the priority order is as follows:
- Application Data Sheet (ADS)
- Application Transmittal
- Oath or Declaration (unless a more current power of attorney exists)
- Power of Attorney
The MPEP states: “In the experience of the Office, the ADS is the most recently created document and tends to have the most current address.” Therefore, if you want to ensure a specific correspondence address is used, it’s best to include it in the Application Data Sheet.
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Topics:
Patent Law,
Patent Procedure