37 CFR § 11.104 — Communication. (MPEP Coverage Index) – BlueIron IP
37 CFR § 11.104 Communication.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 11.104, including 4 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
MPEP Section 11.104 outlines the communication requirements for providing a valid address and ensuring any representative has proper authority to act on behalf of the patent owner.
What this section covers
- This section covers the requirement for practitioners to provide a valid address for communication with the patent owner, including identifying a representative who must have proper authority.
Key obligations
- Provide a valid address for communication with the patent owner.
- Ensure any representative has proper authority to act on behalf of the patent owner.
Practice notes
- Verify the representative's authority before proceeding with communications.
- Minimize the need for forwarding correspondence by changing the address after the patent issues if desired.
Official MPEP § 11.104 — Communication.
Source: USPTOLast Modified: 10/30/2024 08:50:22
11.104 Communication.
- (a) A practitioner shall:
- (1) Promptly inform the client of any decision or circumstance with respect to which the client’s informed consent is required by the USPTO Rules of Professional Conduct;
- (2) Reasonably consult with the client about the means by which the client’s objectives are to be accomplished;
- (3) Keep the client reasonably informed about the status of the matter;
- (4) Promptly comply with reasonable requests for information from the client; and
- (5) Consult with the client about any relevant limitation on the practitioner’s conduct when the practitioner knows that the client expects assistance not permitted by the USPTO Rules of Professional Conduct or other law.
- (b) A practitioner shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
[Added 78 FR 20180, Apr. 3, 2013, effective May 3, 2013]