37 CFR § 1.33 — Correspondence respecting patent (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.33 Correspondence respecting patent
This page consolidates MPEP guidance interpreting 37 CFR § 1.33, including 446 rules 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.
Summary
The signature requirements for notices of appeal in correspondence respecting patents are waived, allowing practitioners to file without signatures.
What this section covers
- This section addresses the signature requirements for a notice of appeal.
- The signature rules do not apply to notices of appeal under this section.
Key obligations
- Practitioners do not need to include a signature on the notice of appeal.
- This applies specifically to notices of appeal, not other types of correspondence.
Practice notes
- Practitioners should ensure all other required elements of the notice of appeal are included.
- This exemption does not apply to other types of correspondence or filings.
Official MPEP § 1.33 — Correspondence respecting patent
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.33 Correspondence respecting patent applications, reexamination proceedings, and other proceedings.
[Editor Note: Certain * paragraphs below are applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012]
- (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(b)(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 USPTO patent 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, the Office will select one of the specified addresses for use as the correspondence address and, if given, may 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 by the parties set forth in paragraph (b)(1) or (b)(3) of this section. Prior to the appointment of any power of attorney under § 1.32(b) , the correspondence address may also be changed by any patent practitioner named in the application transmittal papers who acts in a representative capacity under the provisions of § 1.34 .
- (b)
Amendments and other papers. Amendments and
other papers, except for written assertions pursuant to
§ 1.27(c)(2)(iii) or
(c)(2)(iv)
, filed in the application must be
signed by:
- (1) A patent practitioner of record;
- (2) A patent practitioner not of record who acts in a representative capacity under the provisions of § 1.34 ; or
- (3) The applicant (§ 1.42 ). Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.
- (c) All notices, official letters, and other communications for the patent owner or owners in a reexamination or supplemental examination proceeding will be directed to the correspondence address in the patent file. Amendments filed in a reexamination proceeding, and other papers filed in a reexamination or supplemental examination proceeding, on behalf of the patent owner must be signed by the patent owner, or if there is more than one owner by all the owners, or by an attorney or agent of record in the patent file, or by a registered attorney or agent not of record who acts in a representative capacity under the provisions of § 1.34 . Double correspondence with the patent owner or owners and the patent owner’s attorney or agent, or with more than one attorney or agent, will not be undertaken.
- (d) A “correspondence address” or change thereto may be filed with the Patent and Trademark Office during the enforceable life of the patent. The “correspondence address” will be used in any correspondence relating to maintenance fees unless a separate “fee address” has been specified. See § 1.363 for “fee address” used solely for maintenance fee purposes.
- (e) A change of address filed in a patent application or patent does not change the address for a patent practitioner in the roster of patent attorneys and agents. See § 11.11 of this title.
- (f) Where application papers from a prior application are used in a continuing application and the correspondence address was changed during the prosecution of the prior application, an application data sheet or separate paper identifying the correspondence address to be used for the continuing application must be submitted. Otherwise, the Office may not recognize the change of correspondence address effected during the prosecution of the prior application.
- (g) A patent practitioner acting in a representative capacity whose correspondence address is the correspondence address of record in an application may change the correspondence address after the patent has issued, provided that the change of correspondence address is accompanied by a statement that notice has been given to the patentee or owner.
[36 FR 12617, July 2, 1971; 46 FR 29181, May 29, 1981; para. (d) added, 49 FR 34724, Aug. 31, 1984, effective Nov. 1, 1984; para. (c), 50 FR 5171, Feb. 6, 1985, effective Mar. 8, 1985; paras. (a) & (b) revised, 62 FR 53132, Oct. 10 1997, effective Dec. 1, 1997; paras. (a) and (b) revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para. (a) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; (a) introductory text, (b) introductory text, and paras. (b)(1), (b)(2) and (c) revised, 69 FR 29865, May 26, 2004, effective June 25, 2004; para. (c) revised, 69 FR 35427, June 24, 2004, effective July 26, 2004; para. (c) revised, 70 FR 3880, Jan. 27, 2005, effective Dec. 8, 2004; para. (a) introductory text revised, paras. (a)(1), (b)(1), and (b)(2) revised, and para. (e) added, 70 FR 56119, Sept. 26, 2005, effective Nov. 25, 2005; para. (a) introductory text revised, 72 FR 2770, Jan. 23, 2007, effective Jan. 23, 2007; para. (c) revised, 72 FR 18892, Apr. 16, 2007, effective May 16, 2007; paras. (a) and (b) revised and paras. (f) and (g) added, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012; para. (c) revised, 78 FR 62368, Oct. 21, 2013, effective Dec. 18, 2013; para. (a) revised, 87 FR 68900, Nov. 17, 2022, effective Dec. 19, 2022]
[*The revisions to paras. (a) and (b) and new paragraphs (f) and (g) effective Sept. 16, 2012 are applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012. See § 1.33 (pre‑AIA) for the rule otherwise in effect.]
- Abandonment
- Access Records
- Access Document Types
- Power To Inspect
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- Aia Overview
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- Applicability
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- Appeals
- Appeal Notice
- Application Types
- Continuing Applications
- Continuation Applications
- Continuation Benefit
- Assignment Ownership
- Assignee Rights
- Assignee Post Aia
- Assignee Pre Aia
- Recording Assignments
- Recording Requirements
- Correspondence Address
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- Electronic Filing
- Electronic Signature
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- Micro Entity
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- Reexamination Conclusion
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- Substantial New Question
- Examination Procedure
- Amendments Practice
- Examiner Action
- Action Signing
- Fees
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- Office Forms
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- International Design
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- Ida Filing
- Ida Requirements
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- Maintenance Fee Late
- Patent Reinstatement
- Maintenance Fee Payment
- Patent Application Content
- Claims
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- Patent Issuance
- Issue Fee
- Notice Of Allowance
- Patent Term
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- Power Of Attorney
- Practitioner Recognition
- Priority Benefit
- Foreign Priority
- Ptab Contested Case
- Reissue
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- Reissue Ownership
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- Common Ownership Exception
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- Documents Requiring Signature
- Signature Assignee
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- Signature Practitioner
- Unsigned Documents