MPEP § 403.02 — Two Patent Practitioners for Same Application (Annotated Rules)

§403.02 Two Patent Practitioners for Same Application

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 403.02, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Two Patent Practitioners for Same Application

This section addresses Two Patent Practitioners for Same Application. Contains: 1 guidance statement.

Key Rules

Topic

Changing Power of Attorney

1 rules
StatutoryInformativeAlways
[mpep-403-02-2b24fbe4a16ee1e6a5c8a24a]
Second Practitioner Added Requires Updated Correspondence Address
Note:
If a second patent practitioner is added by submitting a new power of attorney, correspondence will be sent to the most recent address on file.

If, after one patent practitioner is appointed, a second patent practitioner is later added by submission of a new power of attorney appointing both practitioners, correspondence will be mailed to the latest correspondence address of record. See 37 CFR 1.33 and 1.76. Note that if the later-filed power of attorney only lists the second practitioner, the later-filed power of attorney serves as a revocation of the earlier-filed power of attorney, even without an express revocation of the power of the first patent practitioner.

Jump to MPEP Source · 37 CFR 1.33Changing Power of AttorneyCorrespondence Address RequirementsCorrespondence with the Office
Topic

Revocation of Power of Attorney

1 rules
StatutoryInformativeAlways
[mpep-403-02-52eb18244fa75306a5473d13]
Later-Filed POA Lists Only Second Practitioner
Note:
If a later-filed power of attorney lists only the second practitioner, it revokes the earlier one without needing an explicit revocation.

If, after one patent practitioner is appointed, a second patent practitioner is later added by submission of a new power of attorney appointing both practitioners, correspondence will be mailed to the latest correspondence address of record. See 37 CFR 1.33 and 1.76. Note that if the later-filed power of attorney only lists the second practitioner, the later-filed power of attorney serves as a revocation of the earlier-filed power of attorney, even without an express revocation of the power of the first patent practitioner.

Jump to MPEP Source · 37 CFR 1.33Revocation of Power of AttorneyPower of AttorneyChanging Power of Attorney
Topic

Correspondence Address Requirements

1 rules
MPEP GuidanceRecommendedAlways
[mpep-403-02-dd3b6d08aa6ca09dfcb86731]
Specify Correspondence Address for Two Patent Practitioners
Note:
When an applicant appoints two patent practitioners, they must specify which practitioner to correspond with by providing a correspondence address.

If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address. See MPEP §§ 403, 403.01(a), and MPEP § 403.01(b).

Jump to MPEP SourceCorrespondence Address RequirementsCorrespondence with the OfficeCorrespondence Address

Citations

Primary topicCitation
Changing Power of Attorney
Revocation of Power of Attorney
37 CFR § 1.33
Correspondence Address RequirementsMPEP § 403
Correspondence Address RequirementsMPEP § 403.01(b)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31