MPEP § 601.03(b) — Change of Correspondence Address in Applications Filed Before September 16, 2012 (Annotated Rules)

§601.03(b) Change of Correspondence Address in Applications Filed Before September 16, 2012

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

This page consolidates and annotates all enforceable requirements under MPEP § 601.03(b), 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.

Change of Correspondence Address in Applications Filed Before September 16, 2012

This section addresses Change of Correspondence Address in Applications Filed Before September 16, 2012. Primary authority: 37 CFR 1.76, 37 CFR 1.76(b)(1), and 37 CFR 1.33. Contains: 4 requirements, 1 guidance statement, 8 permissions, and 5 other statements.

Key Rules

Topic

Correspondence Address Requirements

15 rules
StatutoryInformativeAlways
[mpep-601-03-b-6ee91f78937c966da03be412]
Correspondence Address Change Before Inventor Oath
Note:
The correspondence address may be changed before any inventor files the § 1.63 oath or declaration.

(a) Correspondence address and daytime telephone number. When filing an application, a correspondence address must be set forth in either an application data sheet (§ 1.76), or elsewhere, in a clearly identifiable manner, in any paper submitted with an application filing. If no correspondence address is specified, the Office may treat the mailing address of the first named inventor (if provided, see §§ 1.76(b)(1) and 1.63(c)(2)) as the correspondence address. The Office will direct, or otherwise make available, all notices, official letters, and other communications relating to the application to the person associated with the correspondence address. For correspondence submitted via the Office’s electronic filing system, however, an electronic acknowledgment receipt will be sent to the submitter. The Office will generally 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. If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address. For the party to whom correspondence is to be addressed, a daytime telephone number should be supplied in a clearly identifiable manner and may be changed by any party who may change the correspondence address. The correspondence address may be changed as follows (1) Prior to filing of § 1.63 oath or declaration by any of the inventors. If a § 1.63 oath or declaration has not been filed by any of the inventors, the correspondence address may be changed by the party who filed the application. If the application was filed by a patent practitioner, any other patent practitioner named in the transmittal papers may also change the correspondence address. Thus, the inventor(s), any patent practitioner named in the transmittal papers accompanying the original application, or a party that will be the assignee who filed the application, may change the correspondence address in that application under this paragraph.

Jump to MPEP Source · 37 CFR 1.76Correspondence Address RequirementsAIA vs Pre-AIA PracticeCorrespondence Address
StatutoryPermittedAlways
[mpep-601-03-b-1aeae76fb180a31588ae40c6]
Correspondence Address Change Before Oath Filing
Note:
The party who filed the application may change the correspondence address before any inventor files a § 1.63 oath or declaration.

(a) Correspondence address and daytime telephone number. When filing an application, a correspondence address must be set forth in either an application data sheet (§ 1.76), or elsewhere, in a clearly identifiable manner, in any paper submitted with an application filing. If no correspondence address is specified, the Office may treat the mailing address of the first named inventor (if provided, see §§ 1.76(b)(1) and 1.63(c)(2)) as the correspondence address. The Office will direct, or otherwise make available, all notices, official letters, and other communications relating to the application to the person associated with the correspondence address. For correspondence submitted via the Office’s electronic filing system, however, an electronic acknowledgment receipt will be sent to the submitter. The Office will generally 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. If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address. For the party to whom correspondence is to be addressed, a daytime telephone number should be supplied in a clearly identifiable manner and may be changed by any party who may change the correspondence address. The correspondence address may be changed as follows (1) Prior to filing of § 1.63 oath or declaration by any of the inventors. If a § 1.63 oath or declaration has not been filed by any of the inventors, the correspondence address may be changed by the party who filed the application. If the application was filed by a patent practitioner, any other patent practitioner named in the transmittal papers may also change the correspondence address. Thus, the inventor(s), any patent practitioner named in the transmittal papers accompanying the original application, or a party that will be the assignee who filed the application, may change the correspondence address in that application under this paragraph.

Jump to MPEP Source · 37 CFR 1.76Correspondence Address RequirementsCorrespondence with the OfficeCorrespondence Address
StatutoryInformativeAlways
[mpep-601-03-b-75bf5f37374fd90b72d293d2]
Oath or Declaration Allows Change of Correspondence Address
Note:
An oath or declaration filed by any inventor allows the change of correspondence address in patent applications.

(a) Correspondence address and daytime telephone number. When filing an application, a correspondence address must be set forth in either an application data sheet (§ 1.76), or elsewhere, in a clearly identifiable manner, in any paper submitted with an application filing. If no correspondence address is specified, the Office may treat the mailing address of the first named inventor (if provided, see §§ 1.76(b)(1) and 1.63(c)(2)) as the correspondence address. The Office will direct, or otherwise make available, all notices, official letters, and other communications relating to the application to the person associated with the correspondence address. For correspondence submitted via the Office’s electronic filing system, however, an electronic acknowledgment receipt will be sent to the submitter. The Office will generally 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. If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address. For the party to whom correspondence is to be addressed, a daytime telephone number should be supplied in a clearly identifiable manner and may be changed by any party who may change the correspondence address. The correspondence address may be changed as follows:

(2) Where a § 1.63 oath or declaration has been filed by any of the inventors.

Jump to MPEP Source · 37 CFR 1.76Correspondence Address RequirementsAIA vs Pre-AIA PracticeCorrespondence Address
StatutoryPermittedAlways
[mpep-601-03-b-4b567237d73b986a1757ed07]
Change of Correspondence Address After Oath Filing
Note:
Parties may change the correspondence address after an inventor files an oath or declaration, except for certain conditions.

(a) Correspondence address and daytime telephone number. When filing an application, a correspondence address must be set forth in either an application data sheet (§ 1.76), or elsewhere, in a clearly identifiable manner, in any paper submitted with an application filing. If no correspondence address is specified, the Office may treat the mailing address of the first named inventor (if provided, see §§ 1.76(b)(1) and 1.63(c)(2)) as the correspondence address. The Office will direct, or otherwise make available, all notices, official letters, and other communications relating to the application to the person associated with the correspondence address. For correspondence submitted via the Office’s electronic filing system, however, an electronic acknowledgment receipt will be sent to the submitter. The Office will generally 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. If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address. For the party to whom correspondence is to be addressed, a daytime telephone number should be supplied in a clearly identifiable manner and may be changed by any party who may change the correspondence address. The correspondence address may be changed as follows:

If a § 1.63 oath or declaration has been filed, or is filed concurrent with the filing of an application, by any of the inventors, the correspondence address may be changed by the parties set forth in paragraph (b) of this section, except for paragraph (b)(2).

Jump to MPEP Source · 37 CFR 1.76Correspondence Address RequirementsCorrespondence with the OfficeCorrespondence Address
StatutoryRequiredAlways
[mpep-601-03-b-06650fc94a692e843ccb294b]
Application Must Specify Correspondence Address
Note:
The application must include a clearly identifiable correspondence address for Office communications.

Pre-AIA 37 CFR 1.33(a) provides that the application must specify a correspondence address to which the Office will send notice, letters, and other communications relating to an application. The correspondence address must either be in an application data sheet (pre-AIA 37 CFR 1.76) or in a clearly identifiable manner elsewhere in any papers submitted with the application filing. If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address. Additionally, applicants will often specify the correspondence address in more than one paper that is filed with an application, and the address given in the different places sometimes conflicts. Where the applicant specifically directs the Office to use non-matching correspondence addresses in more than one paper, priority will be accorded to the correspondence address specified in the following order: (A) application data sheet (ADS); (B) application transmittal; (C) oath or declaration (unless power of attorney is more current); and (D) power of attorney. Accordingly, if the ADS includes a typed correspondence address, and the declaration gives a different address (i.e., the address associated with a Customer Number) as the correspondence address, the Office will use the typed correspondence address as included on the ADS. In the experience of the Office, the ADS is the most recently created document and tends to have the most current address. After the correspondence address has been entered according to the above procedure, it will only be changed pursuant to pre-AIA 37 CFR 1.33(a)(1).

Jump to MPEP Source · 37 CFR 1.33(a)Correspondence Address RequirementsCorrespondence with the OfficeAIA vs Pre-AIA Practice
StatutoryRequiredAlways
[mpep-601-03-b-084a0d914797c23ad3152ec1]
Application Data Sheet Required for Filing
Note:
The application data sheet must include a correspondence address, which can be the primary address if specified in other documents.

Pre-AIA 37 CFR 1.33(a) provides that the application must specify a correspondence address to which the Office will send notice, letters, and other communications relating to an application. The correspondence address must either be in an application data sheet (pre-AIA 37 CFR 1.76) or in a clearly identifiable manner elsewhere in any papers submitted with the application filing. If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address. Additionally, applicants will often specify the correspondence address in more than one paper that is filed with an application, and the address given in the different places sometimes conflicts. Where the applicant specifically directs the Office to use non-matching correspondence addresses in more than one paper, priority will be accorded to the correspondence address specified in the following order: (A) application data sheet (ADS); (B) application transmittal; (C) oath or declaration (unless power of attorney is more current); and (D) power of attorney. Accordingly, if the ADS includes a typed correspondence address, and the declaration gives a different address (i.e., the address associated with a Customer Number) as the correspondence address, the Office will use the typed correspondence address as included on the ADS. In the experience of the Office, the ADS is the most recently created document and tends to have the most current address. After the correspondence address has been entered according to the above procedure, it will only be changed pursuant to pre-AIA 37 CFR 1.33(a)(1).

Jump to MPEP Source · 37 CFR 1.33(a)Correspondence Address RequirementsCorrespondence with the OfficeAIA vs Pre-AIA Practice
StatutoryInformativeAlways
[mpep-601-03-b-45f70b830873cf8309cce81c]
Change of Correspondence Address Only Permitted Under Specific Conditions
Note:
The correspondence address can only be changed under specific conditions as outlined in pre-AIA 37 CFR 1.33(a)(1).

Pre-AIA 37 CFR 1.33(a) provides that the application must specify a correspondence address to which the Office will send notice, letters, and other communications relating to an application. The correspondence address must either be in an application data sheet (pre-AIA 37 CFR 1.76) or in a clearly identifiable manner elsewhere in any papers submitted with the application filing. If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address. Additionally, applicants will often specify the correspondence address in more than one paper that is filed with an application, and the address given in the different places sometimes conflicts. Where the applicant specifically directs the Office to use non-matching correspondence addresses in more than one paper, priority will be accorded to the correspondence address specified in the following order: (A) application data sheet (ADS); (B) application transmittal; (C) oath or declaration (unless power of attorney is more current); and (D) power of attorney. Accordingly, if the ADS includes a typed correspondence address, and the declaration gives a different address (i.e., the address associated with a Customer Number) as the correspondence address, the Office will use the typed correspondence address as included on the ADS. In the experience of the Office, the ADS is the most recently created document and tends to have the most current address. After the correspondence address has been entered according to the above procedure, it will only be changed pursuant to pre-AIA 37 CFR 1.33(a)(1).

Jump to MPEP Source · 37 CFR 1.33(a)Correspondence Address RequirementsCorrespondence with the OfficeAIA vs Pre-AIA Practice
StatutoryInformativeAlways
[mpep-601-03-b-be31dfe88cc1c30cc33dd3e4]
Daytime Telephone Number for Correspondence Required
Note:
A daytime telephone number of the party to whom correspondence is addressed must be submitted as per pre-AIA 37 CFR 1.33(a).

The submission of a daytime telephone number of the party to whom correspondence is to be addressed is requested pursuant to pre-AIA 37 CFR 1.33(a). While business is to be conducted on the written record (37 CFR 1.2), a daytime telephone number is useful in initiating contact that could later be reduced to writing. Any party who may change the correspondence address may also change the telephone number.

Jump to MPEP Source · 37 CFR 1.33(a)Correspondence Address RequirementsCorrespondence with the OfficeCorrespondence Address
StatutoryInformativeAlways
[mpep-601-03-b-84d2e05b14fb67034d5da49c]
Daytime Telephone Number Requirement for Correspondence
Note:
A daytime telephone number is required to facilitate initial contact that can later be documented in writing.

The submission of a daytime telephone number of the party to whom correspondence is to be addressed is requested pursuant to pre-AIA 37 CFR 1.33(a). While business is to be conducted on the written record (37 CFR 1.2), a daytime telephone number is useful in initiating contact that could later be reduced to writing. Any party who may change the correspondence address may also change the telephone number.

Jump to MPEP Source · 37 CFR 1.33(a)Correspondence Address RequirementsCorrespondence with the OfficeCorrespondence Address
StatutoryPermittedAlways
[mpep-601-03-b-69ad4a4b70d8c15767d2aafc]
Change of Correspondence Address Also Allows Changing Phone Number
Note:
Parties can update their contact information by changing either the correspondence address or the telephone number.

The submission of a daytime telephone number of the party to whom correspondence is to be addressed is requested pursuant to pre-AIA 37 CFR 1.33(a). While business is to be conducted on the written record (37 CFR 1.2), a daytime telephone number is useful in initiating contact that could later be reduced to writing. Any party who may change the correspondence address may also change the telephone number.

Jump to MPEP Source · 37 CFR 1.33(a)Correspondence Address RequirementsCorrespondence with the OfficeCorrespondence Address
StatutoryPermittedAlways
[mpep-601-03-b-e4213a931110eef749f525b2]
Patent Practitioners Can Change Correspondence Address
Note:
If a patent practitioner filed the application, any other named practitioners may change the correspondence address.

Pre-AIA 37 CFR 1.33(a)(1) provides that the party filing the application and setting forth a correspondence address may later change the correspondence address provided that an executed oath or declaration under pre-AIA 37 CFR 1.63 by any of the inventors has not been filed. If a patent practitioner (i.e., registered attorney or agent) filed the application, any other patent practitioners named in the transmittal papers may also change the correspondence address. A patent practitioner named in a letterhead would not be considered as being named in the transmittal papers for purposes of changing the correspondence address. A clear identification of the individual as a representative is required. If an application is filed by a company to whom the invention has been assigned or to whom there is an obligation to assign the invention, a person who has the authority to act on behalf of the company may change the correspondence address. Thus, the inventor(s), any patent practitioner named in the transmittal papers accompanying the original application, or a party that will be the assignee who filed the application, may change the correspondence address pursuant to pre-AIA 37 CFR 1.33(a)(1). The filing of an executed oath or declaration that does not include a correspondence address does not affect any correspondence address previously established on filing of the application, or changed pursuant to pre-AIA 37 CFR 1.33(a)(1).

Jump to MPEP Source · 37 CFR 1.33(a)(1)Correspondence Address RequirementsCorrespondence with the OfficeCorrespondence Address
StatutoryInformativeAlways
[mpep-601-03-b-71a6ffd87b1a5a2903ff2281]
Patent Practitioner Not Named in Transmittal Papers Cannot Change Correspondence Address
Note:
A patent practitioner listed only on a letterhead cannot change the correspondence address for an application; it must be someone named in the transmittal papers.

Pre-AIA 37 CFR 1.33(a)(1) provides that the party filing the application and setting forth a correspondence address may later change the correspondence address provided that an executed oath or declaration under pre-AIA 37 CFR 1.63 by any of the inventors has not been filed. If a patent practitioner (i.e., registered attorney or agent) filed the application, any other patent practitioners named in the transmittal papers may also change the correspondence address. A patent practitioner named in a letterhead would not be considered as being named in the transmittal papers for purposes of changing the correspondence address. A clear identification of the individual as a representative is required. If an application is filed by a company to whom the invention has been assigned or to whom there is an obligation to assign the invention, a person who has the authority to act on behalf of the company may change the correspondence address. Thus, the inventor(s), any patent practitioner named in the transmittal papers accompanying the original application, or a party that will be the assignee who filed the application, may change the correspondence address pursuant to pre-AIA 37 CFR 1.33(a)(1). The filing of an executed oath or declaration that does not include a correspondence address does not affect any correspondence address previously established on filing of the application, or changed pursuant to pre-AIA 37 CFR 1.33(a)(1).

Jump to MPEP Source · 37 CFR 1.33(a)(1)Correspondence Address RequirementsCorrespondence with the OfficeCorrespondence Address
StatutoryPermittedAlways
[mpep-601-03-b-4d527a6fa4b4bfa8df792936]
Company Can Change Correspondence Address If Assigned Invention
Note:
A company that has been assigned an invention can change the correspondence address for a patent application if it has the authority to act on behalf of the company.

Pre-AIA 37 CFR 1.33(a)(1) provides that the party filing the application and setting forth a correspondence address may later change the correspondence address provided that an executed oath or declaration under pre-AIA 37 CFR 1.63 by any of the inventors has not been filed. If a patent practitioner (i.e., registered attorney or agent) filed the application, any other patent practitioners named in the transmittal papers may also change the correspondence address. A patent practitioner named in a letterhead would not be considered as being named in the transmittal papers for purposes of changing the correspondence address. A clear identification of the individual as a representative is required. If an application is filed by a company to whom the invention has been assigned or to whom there is an obligation to assign the invention, a person who has the authority to act on behalf of the company may change the correspondence address. Thus, the inventor(s), any patent practitioner named in the transmittal papers accompanying the original application, or a party that will be the assignee who filed the application, may change the correspondence address pursuant to pre-AIA 37 CFR 1.33(a)(1). The filing of an executed oath or declaration that does not include a correspondence address does not affect any correspondence address previously established on filing of the application, or changed pursuant to pre-AIA 37 CFR 1.33(a)(1).

Jump to MPEP Source · 37 CFR 1.33(a)(1)Correspondence Address RequirementsCorrespondence with the OfficeAIA vs Pre-AIA Practice
StatutoryInformativeAlways
[mpep-601-03-b-047810cf30c85e35120e4e4e]
Change of Correspondence Address After Oath/Declaration
Note:
Allows changing the correspondence address after filing an oath or declaration, but restricts changes to patent practitioners, assignees, or all applicants unless there is a full interest assignee.

Where a correspondence address has been established on filing of the application or changed pursuant to pre-AIA 37 CFR 1.33(a)(1) (prior to the filing of an executed oath or declaration under pre-AIA 37 CFR 1.63 by any of the inventors), that correspondence address remains in effect upon filing of an executed oath or declaration under pre-AIA 37 CFR 1.63 and can only be subsequently changed pursuant to pre-AIA 37 CFR 1.33(a)(2). Under pre-AIA 37 CFR 1.33(a)(2), where an executed oath or declaration under pre-AIA 37 CFR 1.63 has been filed by any of the inventors, the correspondence address may be changed by (A) a patent practitioner of record, (B) an assignee as provided for under pre-AIA 37 CFR 3.71(b), or (C) all of the applicants (pre-AIA 37 CFR 1.41(b)) for patent, unless there is an assignee of the entire interest and such assignee has taken action in the application in accordance with pre-AIA 37 CFR 3.71. See pre-AIA 37 CFR 1.33(a)(2).

Jump to MPEP Source · 37 CFR 1.33(a)(1)Correspondence Address RequirementsAIA vs Pre-AIA PracticeCorrespondence Address
StatutoryRecommendedAlways
[mpep-601-03-b-9db8c11570f1ab27702b3849]
Change of Correspondence Address Requirement for Continuations/Divisions
Note:
Applicants must update the correspondence address in continuation or divisional applications to reflect any changes made during prosecution of the original application.

Special care should be taken in continuation or divisional applications to ensure that any change of correspondence address in a prior application is reflected in the continuation or divisional application. For example, where a copy of the oath or declaration from the prior application is submitted for a continuation or divisional application filed under pre-AIA 37 CFR 1.53(b) and the copy of the oath or declaration from the prior application designates an old correspondence address, the Office may not recognize, in the continuation or divisional application, the change of correspondence address made during the prosecution of the prior application. Applicant is required to identify the change of correspondence address in the continuation or divisional application to ensure that communications from the Office are mailed to the current correspondence address. See pre-AIA 37 CFR 1.63(d)(4).

Jump to MPEP Source · 37 CFR 1.53(b)Correspondence Address RequirementsCorrespondence with the OfficeCorrespondence Address
Topic

AIA Oath/Declaration Requirements (37 CFR 1.63)

4 rules
StatutoryPermittedAlways
[mpep-601-03-b-9dc61e364d72de1fc59228e4]
Oath/Declaration Not Filed, Party Can Change Address
Note:
The party filing the application can change the correspondence address if no oath or declaration has been filed by any inventor.

Pre-AIA 37 CFR 1.33(a)(1) provides that the party filing the application and setting forth a correspondence address may later change the correspondence address provided that an executed oath or declaration under pre-AIA 37 CFR 1.63 by any of the inventors has not been filed. If a patent practitioner (i.e., registered attorney or agent) filed the application, any other patent practitioners named in the transmittal papers may also change the correspondence address. A patent practitioner named in a letterhead would not be considered as being named in the transmittal papers for purposes of changing the correspondence address. A clear identification of the individual as a representative is required. If an application is filed by a company to whom the invention has been assigned or to whom there is an obligation to assign the invention, a person who has the authority to act on behalf of the company may change the correspondence address. Thus, the inventor(s), any patent practitioner named in the transmittal papers accompanying the original application, or a party that will be the assignee who filed the application, may change the correspondence address pursuant to pre-AIA 37 CFR 1.33(a)(1). The filing of an executed oath or declaration that does not include a correspondence address does not affect any correspondence address previously established on filing of the application, or changed pursuant to pre-AIA 37 CFR 1.33(a)(1).

Jump to MPEP Source · 37 CFR 1.33(a)(1)AIA Oath/Declaration Requirements (37 CFR 1.63)Pre-AIA Oath/Declaration RequirementsInventor's Oath/Declaration Requirements
StatutoryRequiredAlways
[mpep-601-03-b-ef99226703b6fb2e282d58b9]
Requirement for Clear Representative Identification
Note:
A clear identification of the individual as a representative is required when changing the correspondence address in patent applications.

Pre-AIA 37 CFR 1.33(a)(1) provides that the party filing the application and setting forth a correspondence address may later change the correspondence address provided that an executed oath or declaration under pre-AIA 37 CFR 1.63 by any of the inventors has not been filed. If a patent practitioner (i.e., registered attorney or agent) filed the application, any other patent practitioners named in the transmittal papers may also change the correspondence address. A patent practitioner named in a letterhead would not be considered as being named in the transmittal papers for purposes of changing the correspondence address. A clear identification of the individual as a representative is required. If an application is filed by a company to whom the invention has been assigned or to whom there is an obligation to assign the invention, a person who has the authority to act on behalf of the company may change the correspondence address. Thus, the inventor(s), any patent practitioner named in the transmittal papers accompanying the original application, or a party that will be the assignee who filed the application, may change the correspondence address pursuant to pre-AIA 37 CFR 1.33(a)(1). The filing of an executed oath or declaration that does not include a correspondence address does not affect any correspondence address previously established on filing of the application, or changed pursuant to pre-AIA 37 CFR 1.33(a)(1).

Jump to MPEP Source · 37 CFR 1.33(a)(1)AIA Oath/Declaration Requirements (37 CFR 1.63)Pre-AIA Oath/Declaration RequirementsInventor's Oath/Declaration Requirements
StatutoryPermittedAlways
[mpep-601-03-b-3a87002968d6a62b70dec0dd]
Oath/Declaration Changes Correspondence Address
Note:
The correspondence address established on filing or changed before oath/declaration can only be further modified by a patent practitioner, assignee, or all applicants under specific conditions.

Where a correspondence address has been established on filing of the application or changed pursuant to pre-AIA 37 CFR 1.33(a)(1) (prior to the filing of an executed oath or declaration under pre-AIA 37 CFR 1.63 by any of the inventors), that correspondence address remains in effect upon filing of an executed oath or declaration under pre-AIA 37 CFR 1.63 and can only be subsequently changed pursuant to pre-AIA 37 CFR 1.33(a)(2). Under pre-AIA 37 CFR 1.33(a)(2), where an executed oath or declaration under pre-AIA 37 CFR 1.63 has been filed by any of the inventors, the correspondence address may be changed by (A) a patent practitioner of record, (B) an assignee as provided for under pre-AIA 37 CFR 3.71(b), or (C) all of the applicants (pre-AIA 37 CFR 1.41(b)) for patent, unless there is an assignee of the entire interest and such assignee has taken action in the application in accordance with pre-AIA 37 CFR 3.71. See pre-AIA 37 CFR 1.33(a)(2).

Jump to MPEP Source · 37 CFR 1.33(a)(1)AIA Oath/Declaration Requirements (37 CFR 1.63)Pre-AIA Oath/Declaration RequirementsInventor's Oath/Declaration Requirements
StatutoryInformativeAlways
[mpep-601-03-b-c60b6e7360e4777aea590b31]
Change of Correspondence Address Required for Continuations and Divisionals
Note:
Applicants must update the correspondence address in continuation or divisional applications to ensure proper communication from the Office.

Special care should be taken in continuation or divisional applications to ensure that any change of correspondence address in a prior application is reflected in the continuation or divisional application. For example, where a copy of the oath or declaration from the prior application is submitted for a continuation or divisional application filed under pre-AIA 37 CFR 1.53(b) and the copy of the oath or declaration from the prior application designates an old correspondence address, the Office may not recognize, in the continuation or divisional application, the change of correspondence address made during the prosecution of the prior application. Applicant is required to identify the change of correspondence address in the continuation or divisional application to ensure that communications from the Office are mailed to the current correspondence address. See pre-AIA 37 CFR 1.63(d)(4).

Jump to MPEP Source · 37 CFR 1.53(b)AIA Oath/Declaration Requirements (37 CFR 1.63)Pre-AIA Oath/Declaration RequirementsInventor's Oath/Declaration Requirements
Topic

Assignee as Applicant Signature

3 rules
StatutoryPermittedAlways
[mpep-601-03-b-279af779dfc7d4b27eafc4da]
Patent Practitioner Can Change Correspondence Address
Note:
A patent practitioner who filed an application can change the correspondence address, along with any other named practitioner or assignee.

(a) Correspondence address and daytime telephone number. When filing an application, a correspondence address must be set forth in either an application data sheet (§ 1.76), or elsewhere, in a clearly identifiable manner, in any paper submitted with an application filing. If no correspondence address is specified, the Office may treat the mailing address of the first named inventor (if provided, see §§ 1.76(b)(1) and 1.63(c)(2)) as the correspondence address. The Office will direct, or otherwise make available, all notices, official letters, and other communications relating to the application to the person associated with the correspondence address. For correspondence submitted via the Office’s electronic filing system, however, an electronic acknowledgment receipt will be sent to the submitter. The Office will generally 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. If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address. For the party to whom correspondence is to be addressed, a daytime telephone number should be supplied in a clearly identifiable manner and may be changed by any party who may change the correspondence address. The correspondence address may be changed as follows (1) Prior to filing of § 1.63 oath or declaration by any of the inventors. If a § 1.63 oath or declaration has not been filed by any of the inventors, the correspondence address may be changed by the party who filed the application. If the application was filed by a patent practitioner, any other patent practitioner named in the transmittal papers may also change the correspondence address. Thus, the inventor(s), any patent practitioner named in the transmittal papers accompanying the original application, or a party that will be the assignee who filed the application, may change the correspondence address in that application under this paragraph.

Jump to MPEP Source · 37 CFR 1.76Assignee as Applicant SignatureCorrespondence Address RequirementsCorrespondence with the Office
StatutoryInformativeAlways
[mpep-601-03-b-7cbf2a8b6fe85d1b1e88f714]
Order of Preference for Specified Correspondence Addresses
Note:
The Office will use the most recent specified address in the application data sheet, application transmittal, oath or declaration (unless power of attorney is more current), and power of attorney when multiple non-matching addresses are given.

Pre-AIA 37 CFR 1.33(a) provides that the application must specify a correspondence address to which the Office will send notice, letters, and other communications relating to an application. The correspondence address must either be in an application data sheet (pre-AIA 37 CFR 1.76) or in a clearly identifiable manner elsewhere in any papers submitted with the application filing. If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address. Additionally, applicants will often specify the correspondence address in more than one paper that is filed with an application, and the address given in the different places sometimes conflicts. Where the applicant specifically directs the Office to use non-matching correspondence addresses in more than one paper, priority will be accorded to the correspondence address specified in the following order: (A) application data sheet (ADS); (B) application transmittal; (C) oath or declaration (unless power of attorney is more current); and (D) power of attorney. Accordingly, if the ADS includes a typed correspondence address, and the declaration gives a different address (i.e., the address associated with a Customer Number) as the correspondence address, the Office will use the typed correspondence address as included on the ADS. In the experience of the Office, the ADS is the most recently created document and tends to have the most current address. After the correspondence address has been entered according to the above procedure, it will only be changed pursuant to pre-AIA 37 CFR 1.33(a)(1).

Jump to MPEP Source · 37 CFR 1.33(a)Assignee as Applicant SignatureApplicant and Assignee Filing Under AIACorrespondence Address Requirements
StatutoryRequiredAlways
[mpep-601-03-b-409c75dcbe05aa4133235c16]
Change of Correspondence Address Required for Continuation/Divisional Applications
Note:
Applicant must update the correspondence address in continuation or divisional applications to ensure Office communications are sent to the current address.

Special care should be taken in continuation or divisional applications to ensure that any change of correspondence address in a prior application is reflected in the continuation or divisional application. For example, where a copy of the oath or declaration from the prior application is submitted for a continuation or divisional application filed under pre-AIA 37 CFR 1.53(b) and the copy of the oath or declaration from the prior application designates an old correspondence address, the Office may not recognize, in the continuation or divisional application, the change of correspondence address made during the prosecution of the prior application. Applicant is required to identify the change of correspondence address in the continuation or divisional application to ensure that communications from the Office are mailed to the current correspondence address. See pre-AIA 37 CFR 1.63(d)(4).

Jump to MPEP Source · 37 CFR 1.53(b)Assignee as Applicant SignatureApplicant and Assignee Filing Under AIACorrespondence Address Requirements
Topic

POA via Customer Number

3 rules
StatutoryInformativeAlways
[mpep-601-03-b-22c00ca67153c23589bb61a6]
Selection of Correspondence Address for Applications Filed Before September 16, 2012
Note:
The Office will select a correspondence address from specified addresses in a document and prioritize the address associated with a Customer Number over typed addresses. Conflicts between different papers may lead to selection based on specific order.

Pre-AIA 37 CFR 1.33(a) provides that the application must specify a correspondence address to which the Office will send notice, letters, and other communications relating to an application. The correspondence address must either be in an application data sheet (pre-AIA 37 CFR 1.76) or in a clearly identifiable manner elsewhere in any papers submitted with the application filing. If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address. Additionally, applicants will often specify the correspondence address in more than one paper that is filed with an application, and the address given in the different places sometimes conflicts. Where the applicant specifically directs the Office to use non-matching correspondence addresses in more than one paper, priority will be accorded to the correspondence address specified in the following order: (A) application data sheet (ADS); (B) application transmittal; (C) oath or declaration (unless power of attorney is more current); and (D) power of attorney. Accordingly, if the ADS includes a typed correspondence address, and the declaration gives a different address (i.e., the address associated with a Customer Number) as the correspondence address, the Office will use the typed correspondence address as included on the ADS. In the experience of the Office, the ADS is the most recently created document and tends to have the most current address. After the correspondence address has been entered according to the above procedure, it will only be changed pursuant to pre-AIA 37 CFR 1.33(a)(1).

Jump to MPEP Source · 37 CFR 1.33(a)POA via Customer NumberCorrespondence Address RequirementsCustomer Number Practice
StatutoryInformativeAlways
[mpep-601-03-b-21cd9c51a687f80915575c61]
ADS Overrides Declaration for Correspondence Address
Note:
If the ADS includes a typed correspondence address and the declaration gives a different address, the Office will use the address from the ADS.

Pre-AIA 37 CFR 1.33(a) provides that the application must specify a correspondence address to which the Office will send notice, letters, and other communications relating to an application. The correspondence address must either be in an application data sheet (pre-AIA 37 CFR 1.76) or in a clearly identifiable manner elsewhere in any papers submitted with the application filing. If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address. Additionally, applicants will often specify the correspondence address in more than one paper that is filed with an application, and the address given in the different places sometimes conflicts. Where the applicant specifically directs the Office to use non-matching correspondence addresses in more than one paper, priority will be accorded to the correspondence address specified in the following order: (A) application data sheet (ADS); (B) application transmittal; (C) oath or declaration (unless power of attorney is more current); and (D) power of attorney. Accordingly, if the ADS includes a typed correspondence address, and the declaration gives a different address (i.e., the address associated with a Customer Number) as the correspondence address, the Office will use the typed correspondence address as included on the ADS. In the experience of the Office, the ADS is the most recently created document and tends to have the most current address. After the correspondence address has been entered according to the above procedure, it will only be changed pursuant to pre-AIA 37 CFR 1.33(a)(1).

Jump to MPEP Source · 37 CFR 1.33(a)POA via Customer NumberCorrespondence Address RequirementsCustomer Number Practice
StatutoryInformativeAlways
[mpep-601-03-b-4eddc2a8342fccf14753e1fb]
Application Data Sheet Specifies Most Current Address
Note:
The Office will use the address specified in the Application Data Sheet as the correspondence address, assuming it is the most recently created document.

Pre-AIA 37 CFR 1.33(a) provides that the application must specify a correspondence address to which the Office will send notice, letters, and other communications relating to an application. The correspondence address must either be in an application data sheet (pre-AIA 37 CFR 1.76) or in a clearly identifiable manner elsewhere in any papers submitted with the application filing. If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address. Additionally, applicants will often specify the correspondence address in more than one paper that is filed with an application, and the address given in the different places sometimes conflicts. Where the applicant specifically directs the Office to use non-matching correspondence addresses in more than one paper, priority will be accorded to the correspondence address specified in the following order: (A) application data sheet (ADS); (B) application transmittal; (C) oath or declaration (unless power of attorney is more current); and (D) power of attorney. Accordingly, if the ADS includes a typed correspondence address, and the declaration gives a different address (i.e., the address associated with a Customer Number) as the correspondence address, the Office will use the typed correspondence address as included on the ADS. In the experience of the Office, the ADS is the most recently created document and tends to have the most current address. After the correspondence address has been entered according to the above procedure, it will only be changed pursuant to pre-AIA 37 CFR 1.33(a)(1).

Jump to MPEP Source · 37 CFR 1.33(a)POA via Customer NumberAssignee as Applicant SignatureApplicant and Assignee Filing Under AIA
Topic

Inventor's Oath/Declaration Requirements

2 rules
StatutoryInformativeAlways
[mpep-601-03-b-ce92fe963c7a1262a718e415]
Oath/Declaration Not Affecting Established Address
Note:
The filing of an executed oath or declaration without a correspondence address does not change any previously established address for communication.

Pre-AIA 37 CFR 1.33(a)(1) provides that the party filing the application and setting forth a correspondence address may later change the correspondence address provided that an executed oath or declaration under pre-AIA 37 CFR 1.63 by any of the inventors has not been filed. If a patent practitioner (i.e., registered attorney or agent) filed the application, any other patent practitioners named in the transmittal papers may also change the correspondence address. A patent practitioner named in a letterhead would not be considered as being named in the transmittal papers for purposes of changing the correspondence address. A clear identification of the individual as a representative is required. If an application is filed by a company to whom the invention has been assigned or to whom there is an obligation to assign the invention, a person who has the authority to act on behalf of the company may change the correspondence address. Thus, the inventor(s), any patent practitioner named in the transmittal papers accompanying the original application, or a party that will be the assignee who filed the application, may change the correspondence address pursuant to pre-AIA 37 CFR 1.33(a)(1). The filing of an executed oath or declaration that does not include a correspondence address does not affect any correspondence address previously established on filing of the application, or changed pursuant to pre-AIA 37 CFR 1.33(a)(1).

Jump to MPEP Source · 37 CFR 1.33(a)(1)Inventor's Oath/Declaration RequirementsCorrespondence Address RequirementsCorrespondence with the Office
StatutoryProhibitedAlways
[mpep-601-03-b-2458040e19bb8cff59d4249f]
Oath/Declaration Must Reflect Current Address in Continuation Applications
Note:
The oath or declaration submitted for a continuation application must reflect any changes of correspondence address made during the prosecution of the prior application.

Special care should be taken in continuation or divisional applications to ensure that any change of correspondence address in a prior application is reflected in the continuation or divisional application. For example, where a copy of the oath or declaration from the prior application is submitted for a continuation or divisional application filed under pre-AIA 37 CFR 1.53(b) and the copy of the oath or declaration from the prior application designates an old correspondence address, the Office may not recognize, in the continuation or divisional application, the change of correspondence address made during the prosecution of the prior application. Applicant is required to identify the change of correspondence address in the continuation or divisional application to ensure that communications from the Office are mailed to the current correspondence address. See pre-AIA 37 CFR 1.63(d)(4).

Jump to MPEP Source · 37 CFR 1.53(b)Inventor's Oath/Declaration RequirementsCorrespondence Address RequirementsCorrespondence with the Office
Topic

Identifying the Application

1 rules
StatutoryRequiredAlways
[mpep-601-03-b-769086678cbaf10c9cac601b]
Requirement for Correspondence Address and Daytime Telephone Number
Note:
The application must include a clearly identifiable correspondence address and daytime telephone number. The Office will use these details to communicate with the applicant or patent practitioner.
(a) Correspondence address and daytime telephone number. When filing an application, a correspondence address must be set forth in either an application data sheet (§ 1.76), or elsewhere, in a clearly identifiable manner, in any paper submitted with an application filing. If no correspondence address is specified, the Office may treat the mailing address of the first named inventor (if provided, see §§ 1.76(b)(1) and 1.63(c)(2)) as the correspondence address. The Office will direct, or otherwise make available, all notices, official letters, and other communications relating to the application to the person associated with the correspondence address. For correspondence submitted via the Office’s electronic filing system, however, an electronic acknowledgment receipt will be sent to the submitter. The Office will generally 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. If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address. For the party to whom correspondence is to be addressed, a daytime telephone number should be supplied in a clearly identifiable manner and may be changed by any party who may change the correspondence address. The correspondence address may be changed as follows:
  • (1) Prior to filing of § 1.63 oath or declaration by any of the inventors. If a § 1.63 oath or declaration has not been filed by any of the inventors, the correspondence address may be changed by the party who filed the application. If the application was filed by a patent practitioner, any other patent practitioner named in the transmittal papers may also change the correspondence address. Thus, the inventor(s), any patent practitioner named in the transmittal papers accompanying the original application, or a party that will be the assignee who filed the application, may change the correspondence address in that application under this paragraph.
  • (2) Where a § 1.63 oath or declaration has been filed by any of the inventors. If a § 1.63 oath or declaration has been filed, or is filed concurrent with the filing of an application, by any of the inventors, the correspondence address may be changed by the parties set forth in paragraph (b) of this section, except for paragraph (b)(2).
Jump to MPEP Source · 37 CFR 1.76Identifying the ApplicationAssignee as Applicant SignatureApplicant and Assignee Filing Under AIA
Topic

AIA Effective Dates

1 rules
MPEP GuidanceInformativeAlways
[mpep-601-03-b-f17ff477090a63df6b2ce81f]
Change of Correspondence Address Requirement for Post-September 16, 2012 Applications
Note:
This rule requires applicants to follow specific procedures for changing their correspondence address in applications filed on or after September 16, 2012.

[Editor Note: See MPEP § 601.03(a) for change of correspondence address in applications filed on or after September 16, 2012.]

Jump to MPEP SourceAIA Effective DatesAIA Overview and Effective DatesCorrespondence Address Requirements

Citations

Primary topicCitation
Correspondence Address Requirements37 CFR § 1.2
Assignee as Applicant Signature
Correspondence Address Requirements
POA via Customer Number
37 CFR § 1.33(a)
AIA Oath/Declaration Requirements (37 CFR 1.63)
Assignee as Applicant Signature
Correspondence Address Requirements
Inventor's Oath/Declaration Requirements
POA via Customer Number
37 CFR § 1.33(a)(1)
AIA Oath/Declaration Requirements (37 CFR 1.63)
Correspondence Address Requirements
37 CFR § 1.33(a)(2)
AIA Oath/Declaration Requirements (37 CFR 1.63)
Correspondence Address Requirements
37 CFR § 1.41(b)
AIA Oath/Declaration Requirements (37 CFR 1.63)
Assignee as Applicant Signature
Correspondence Address Requirements
Inventor's Oath/Declaration Requirements
37 CFR § 1.53(b)
AIA Oath/Declaration Requirements (37 CFR 1.63)
Assignee as Applicant Signature
Correspondence Address Requirements
Identifying the Application
Inventor's Oath/Declaration Requirements
37 CFR § 1.63
AIA Oath/Declaration Requirements (37 CFR 1.63)
Assignee as Applicant Signature
Correspondence Address Requirements
Inventor's Oath/Declaration Requirements
37 CFR § 1.63(d)(4)
Assignee as Applicant Signature
Correspondence Address Requirements
Identifying the Application
POA via Customer Number
37 CFR § 1.76
Assignee as Applicant Signature
Correspondence Address Requirements
Identifying the Application
37 CFR § 1.76(b)(1)
AIA Oath/Declaration Requirements (37 CFR 1.63)
Correspondence Address Requirements
37 CFR § 3.71
AIA Oath/Declaration Requirements (37 CFR 1.63)
Correspondence Address Requirements
37 CFR § 3.71(b)
AIA Effective DatesMPEP § 601.03(a)

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