Patent Law FAQ

The correspondence address in a patent application can be changed by specific parties as outlined in 37 CFR 1.33(a):

• A patent practitioner of record (37 CFR 1.33(b)(1))
• The applicant (37 CFR 1.33(b)(3))
• Prior to the appointment of any power of attorney, any patent practitioner named in the application transmittal papers who acts in a representative capacity under 37 CFR 1.34

It’s important to note that after a power of attorney has been appointed, a practitioner acting in a representative capacity cannot change the correspondence address until after the patent has issued, and only with proper notice to the patentee or owner.

To learn more:

• correspondence address
• patent application
• change of address
• patent practitioner

The MPEP provides specific guidance on when an attorney or agent not of record can change the correspondence address. It states:

See MPEP § 402.03 for information regarding when a change of correspondence address or a document granting access (i.e., a power to inspect) may be signed by an attorney or agent who is not of record.

This reference to MPEP § 402.03 suggests that there are certain circumstances where an attorney or agent not of record may be allowed to change the correspondence address or grant access to application information. For specific details, it’s recommended to consult MPEP § 402.03 directly.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on USPTO procedures, visit: USPTO procedures.

What is the significance of the ‘correspondence address’ in USPTO patent applications?

The correspondence address is crucial in USPTO patent applications for several reasons:

• It determines where the USPTO sends all official communications regarding the application.
• It can be used to designate a specific attorney or agent to receive correspondence.
• Changes to the correspondence address must be made in writing to ensure proper routing of communications.

According to MPEP 403.01: “The correspondence address is used by the Office for mailing notices, actions, and other communications relating to the application.” Additionally, the MPEP states: “A change of correspondence address may be filed with the USPTO during the pendency of an application, and in a patent file.” This emphasizes the importance of keeping the correspondence address up-to-date to ensure timely receipt of important USPTO communications.

To learn more:

• correspondence address
• USPTO communications
• patent application

What is the significance of a customer number in patent applications filed after September 16, 2012?

A customer number holds significant importance in patent applications filed after September 16, 2012, particularly for managing practitioner representation. Here’s why:

• It allows for efficient management of multiple practitioners
• Power of attorney can be given to a customer number
• It simplifies the process of adding or removing practitioners
• Correspondence address can be associated with a customer number

According to MPEP 403.01(a): ‘A power of attorney or authorization of agent may be given to a customer number in applications filed on or after September 16, 2012.’ This provision streamlines the process of managing representation for applicants and practitioners alike.

Furthermore, the MPEP states: ‘If a practitioner is not of record, correspondence will be sent to the applicant’s correspondence address as shown in the application or the Patent Application Locating and Monitoring (PALM) system.’ This underscores the importance of keeping the customer number and associated information up to date.

To learn more:

• customer number
• patent application
• power of attorney
• correspondence address
• PALM system

A Customer Number is a unique identifier assigned by the USPTO that can be associated with a correspondence address. It offers several advantages in managing patent application correspondence:

• Simplified address changes: You can update the address for multiple applications at once by changing the address associated with the Customer Number.
• Priority in address selection: When multiple addresses are provided, the USPTO may prioritize the address associated with a Customer Number.
• Easier access to Patent Application Information Retrieval (PAIR) system: Customer Numbers can be used to access multiple applications in PAIR.

37 CFR 1.33(a) states: 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.

Using a Customer Number can streamline communication with the USPTO and make it easier to manage multiple patent applications.

To learn more:

• Customer Number
• correspondence address
• USPTO communication
• PAIR access

What is the difference between a correspondence address and a fee address in USPTO filings?

In USPTO filings, the correspondence address and fee address serve different purposes:

• Correspondence Address: Where the USPTO sends all official communications regarding a patent application or patent.
• Fee Address: Where the USPTO sends maintenance fee reminders for granted patents.

The MPEP clarifies:

The correspondence address is the address associated with the Customer Number to which correspondence is directed. The fee address is the address associated with the Customer Number to which maintenance fee reminders are directed. (MPEP 403)

While these addresses can be the same, they don’t have to be. Applicants or patent owners might choose different addresses, for example, if a law firm handles prosecution but the company itself manages maintenance fees. Using a customer number allows for easy management of both addresses.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on Customer Number, visit: Customer Number.

For more information on Fee Address, visit: Fee Address.

The Customer Number practice allows applicants to:

• Designate the correspondence address of a patent application or patent
• Designate the fee address of a patent
• Submit a list of practitioners who have power of attorney

Using a Customer Number allows applicants to easily change the correspondence address, fee address, or list of practitioners for multiple applications or patents by simply changing the information associated with the Customer Number.

According to MPEP 403: “A Customer Number (previously a ‘Payor Number’) may be used to: (A) designate the correspondence address of a patent application or patent such that the correspondence address for the patent application or patent would be the address associated with the Customer Number (37 CFR 1.32(a)(5)(i)); (B) designate the fee address (37 CFR 1.363) of a patent such that the fee address for the patent would be the address associated with the Customer Number (37 CFR 1.32(a)(5)(ii)); and (C) submit a list of practitioners such that those practitioners associated with the Customer Number would have power of attorney (37 CFR 1.32(a)(5)(iii)).”

The correspondence address in a patent application is the address where the United States Patent and Trademark Office (USPTO) will send all official communications regarding the application. According to 37 CFR 1.33(a):

“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.”

This address is crucial for ensuring that applicants receive all necessary information and notifications about their patent application.

To learn more:

• correspondence address
• patent application
• USPTO communication

A Customer Number is a USPTO-assigned number that can be used to:

• Designate the correspondence address for a patent application or patent
• Designate the fee address for a patent
• Submit a list of practitioners with power of attorney

According to MPEP 403: “A Customer Number may be used to designate the address associated with the Customer Number as the correspondence address of an application (or patent) or the fee address of a patent, and may also be used to submit a power of attorney in the application (or patent) to the registered practitioners associated with the Customer Number.”

Using a Customer Number simplifies making changes to correspondence addresses and practitioner information across multiple applications.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on Customer Number, visit: Customer Number.

For more information on Fee Address, visit: Fee Address.

For more information on power of attorney, visit: power of attorney.

When revoking a power of attorney in a situation where there is no practitioner of record, special considerations apply. The MPEP 402.05 states:

‘If a power of attorney is revoked, and a new power of attorney is not promptly filed, then pursuant to 37 CFR 1.33(a) the correspondence address will be changed to that of the inventor(s) or assignee(s) who last provided a correspondence address.’

This means:

• The USPTO will change the correspondence address to that of the inventor(s) or assignee(s).
• The last provided correspondence address by the inventor(s) or assignee(s) will be used.
• All future communications from the USPTO will be sent to this address.
• It’s crucial to provide a new power of attorney or update the correspondence address promptly to ensure receipt of important communications.

To learn more:

• power of attorney
• revocation
• correspondence address
• no practitioner of record

If a patent application is filed without a correspondence address:

• The USPTO needs a correspondence address to notify the applicant of any missing parts or requirements.
• If no address is provided, the Office may use the mailing address of the first named inventor as the correspondence address.
• Without a correspondence address, the applicant is considered to have constructive notice of application requirements as of the filing date.
• The applicant has 2 months from the filing date to complete the application before it is abandoned.

According to MPEP 403: “If a patent application as filed has been accorded a filing date but is not complete, the applicant is notified and given a period of time within which to file the missing parts to complete the application and pay the applicable surcharge. … If the applicant fails to provide the Office with a correspondence address, the Office will be unable to provide the applicant with notification to complete the application and to pay the surcharge as set forth in 37 CFR 1.16(f) for nonprovisional applications and 37 CFR 1.16(g) for provisional applications. In such a case, the applicant will be considered to have constructive notice as of the filing date that the application must be completed and the applicant will have 2 months from the filing date in which to do so before abandonment occurs.”

The USPTO provides several forms for Customer Number practice:

• PTO/SB/125 – Request for Customer Number
• PTO/SB/124 – Request for Customer Number Data Change
• PTO/AIA/122 or PTO/SB/122 – Change of Correspondence Address, Application
• PTO/AIA/123 or PTO/SB/123 – Change of Correspondence Address, Patent

According to MPEP 403: “The following forms are suggested for use with the Customer Number practice: (A) the ‘Request for Customer Number’ (PTO/SB/125) to request a Customer Number; (B) the ‘Request for Customer Number Data Change’ (PTO/SB/124) to request a change in the data (address or list of practitioners) associated with an existing Customer Number; (C) the ‘Change of Correspondence Address, Application’ (PTO/AIA/122 for applications filed on or after September 16, 2012, or PTO/SB/122 for applications filed before September 16, 2012) to change the correspondence address of an individual application to the address associated with a Customer Number; and (D) the ‘Change of Correspondence Address, Patent’ (PTO/AIA/123 for applications filed on or after September 16, 2012, or PTO//SB/123 for applications filed before September 16, 2012) to change the correspondence address of an individual patent to the address associated with a Customer Number.”

For continuing applications where application papers from a prior application are used, special attention must be paid to the correspondence address. According to 37 CFR 1.33(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.”

This means that applicants must explicitly specify the desired correspondence address for the continuing application to ensure proper communication with the USPTO.

To learn more:

• continuing application
• correspondence address
• prior application
• application data sheet

When two patent practitioners are appointed, the handling of correspondence depends on how and when they were appointed. According to MPEP 403.02:

“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.”

This means that the USPTO will use the most recently provided correspondence address. It’s important to note that this is governed by 37 CFR 1.33 and 37 CFR 1.76, which provide regulations on correspondence and application data sheets.

To learn more:

• patent practitioners
• correspondence address
• USPTO communication
• power of attorney

When two patent practitioners are appointed for the same application:

• If appointed simultaneously, the applicant should specify which address to use for correspondence.
• If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address.
• A new power of attorney appointing only the second practitioner effectively revokes the power of the first practitioner.

According to MPEP 403.02: “If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address. … 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. … 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.”

When a practitioner withdraws and the correspondence address will change as a result, the withdrawing practitioner(s) must request that the USPTO direct all future correspondence to one of the following:

• The first named inventor or assignee that has properly made itself of record (for applications filed before September 16, 2012)
• The applicant (for applications filed on or after September 16, 2012)
• The assignee of record (for proceedings involving issued patents)

Practitioners can specify either the correspondence address or the address associated with the Customer Number of the appropriate party. It’s important to note that withdrawing practitioners cannot change the correspondence address to another law firm’s Customer Number or any other address except those mentioned above.

This ensures that the patent application or proceeding remains properly managed after the practitioner’s withdrawal.

To learn more:

• correspondence address
• patent application
• practitioner withdrawal
• USPTO communication

How does the USPTO handle correspondence if no practitioner is of record in a patent application?

When no practitioner is of record in a patent application, the USPTO follows specific procedures for handling correspondence. Here’s what you need to know:

• Correspondence is sent to the applicant’s correspondence address
• The address used is the one shown in the application or the Patent Application Locating and Monitoring (PALM) system
• It’s crucial for applicants to keep their correspondence information up to date

As stated in MPEP 403.01(a): ‘If a practitioner is not of record, correspondence will be sent to the applicant’s correspondence address as shown in the application or the Patent Application Locating and Monitoring (PALM) system.’

This policy ensures that even without a practitioner of record, the USPTO can maintain communication with the applicant. It’s important for applicants to regularly check and update their correspondence information to avoid missing critical communications from the USPTO.

To learn more:

• USPTO correspondence
• patent application
• no practitioner of record
• correspondence address
• PALM system

The USPTO has specific procedures for handling changes in power of attorney and correspondence address. According to MPEP 403:

‘A new power of attorney or change of correspondence address filed in a patent application or patent does not change the correspondence address for any other application or patent.’

Key points to remember:

• Each application or patent is treated separately.
• A change in one application doesn’t automatically apply to others, even if filed by the same applicant or assignee.
• To change multiple applications, you must file separate requests for each one.
• Using a customer number can simplify this process for multiple applications.

It’s crucial to ensure that any changes are properly filed and recorded to maintain effective communication with the USPTO.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.

The USPTO determines the correspondence address based on the most recent information provided. According to MPEP 403.02:

“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.”

This means that the USPTO will use the most recently provided correspondence address, regardless of which practitioner it is associated with. This practice is governed by 37 CFR 1.33 and 37 CFR 1.76, which provide regulations on correspondence and application data sheets. It’s crucial for applicants and practitioners to keep the correspondence address up to date to ensure proper communication with the USPTO.

To learn more:

• correspondence address
• USPTO communication
• patent practitioners
• power of attorney

When filing a patent application, you must specify a correspondence address in one of two ways:

• In an application data sheet (ADS) under 37 CFR 1.76, or
• Elsewhere in the application papers in a clearly identifiable manner

As stated in 37 CFR 1.33(a): 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.

This address will be used by the USPTO to send all official communications regarding your application.

To learn more:

• correspondence address
• patent application
• ADS
• application data sheet

Generally, the USPTO maintains only one correspondence address for each patent application. As stated in MPEP 403:

‘The Office will direct all notices, official letters, and other communications relating to the application to a single correspondence address.’

However, there are exceptions:

• Powers of attorney to different practitioners may be present in an application, but only one correspondence address is recognized.
• In reexamination proceedings, a ‘duplicate copy’ may be sent to a different address.
• Maintenance fee reminders may be sent to a ‘fee address’ that differs from the correspondence address.

It’s important to note that while multiple addresses may be associated with an application for specific purposes, the USPTO will generally communicate with only one primary correspondence address.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on USPTO, visit: USPTO.

While it’s possible to include multiple correspondence addresses for a single patent application filed after September 16, 2012, the USPTO will ultimately select only one for official use. Here’s what you need to know:

• Multiple addresses can be provided in the application
• The USPTO will choose one address as the official correspondence address
• If a Customer Number is provided, it may be given preference
• Only the selected address will receive official communications

The MPEP 403.01(a) states:

Pursuant to 37 CFR 1.33(a), if an applicant includes more than one correspondence address (37 CFR 1.33(a) ) in a patent application, 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.

To ensure clear communication, it’s best to designate a single, preferred correspondence address for your application. If you need to change this address later, you can file a request with the USPTO.

To learn more:

• USPTO
• correspondence address
• patent application
• Customer Number

Yes, an applicant can appoint two patent practitioners for the same application. However, when doing so, it’s important to specify the correspondence address. As stated in the MPEP:

“If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address.”

This ensures clear communication between the USPTO and the applicant’s representatives. For more details, refer to MPEP § 403, MPEP § 403.01(a), and MPEP § 403.01(b).

To learn more:

• patent practitioners
• correspondence address
• USPTO communication

What is the difference between a correspondence address and a fee address in USPTO filings?

In USPTO filings, the correspondence address and fee address serve different purposes:

• Correspondence Address: Where the USPTO sends all official communications regarding a patent application or patent.
• Fee Address: Where the USPTO sends maintenance fee reminders for granted patents.

The MPEP clarifies:

The correspondence address is the address associated with the Customer Number to which correspondence is directed. The fee address is the address associated with the Customer Number to which maintenance fee reminders are directed. (MPEP 403)

While these addresses can be the same, they don’t have to be. Applicants or patent owners might choose different addresses, for example, if a law firm handles prosecution but the company itself manages maintenance fees. Using a customer number allows for easy management of both addresses.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on Customer Number, visit: Customer Number.

For more information on Fee Address, visit: Fee Address.

The Customer Number practice allows applicants to:

• Designate the correspondence address of a patent application or patent
• Designate the fee address of a patent
• Submit a list of practitioners who have power of attorney

Using a Customer Number allows applicants to easily change the correspondence address, fee address, or list of practitioners for multiple applications or patents by simply changing the information associated with the Customer Number.

According to MPEP 403: “A Customer Number (previously a ‘Payor Number’) may be used to: (A) designate the correspondence address of a patent application or patent such that the correspondence address for the patent application or patent would be the address associated with the Customer Number (37 CFR 1.32(a)(5)(i)); (B) designate the fee address (37 CFR 1.363) of a patent such that the fee address for the patent would be the address associated with the Customer Number (37 CFR 1.32(a)(5)(ii)); and (C) submit a list of practitioners such that those practitioners associated with the Customer Number would have power of attorney (37 CFR 1.32(a)(5)(iii)).”

A Customer Number is a USPTO-assigned number that can be used to:

• Designate the correspondence address for a patent application or patent
• Designate the fee address for a patent
• Submit a list of practitioners with power of attorney

According to MPEP 403: “A Customer Number may be used to designate the address associated with the Customer Number as the correspondence address of an application (or patent) or the fee address of a patent, and may also be used to submit a power of attorney in the application (or patent) to the registered practitioners associated with the Customer Number.”

Using a Customer Number simplifies making changes to correspondence addresses and practitioner information across multiple applications.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on Customer Number, visit: Customer Number.

For more information on Fee Address, visit: Fee Address.

For more information on power of attorney, visit: power of attorney.

If a patent application is filed without a correspondence address:

• The USPTO needs a correspondence address to notify the applicant of any missing parts or requirements.
• If no address is provided, the Office may use the mailing address of the first named inventor as the correspondence address.
• Without a correspondence address, the applicant is considered to have constructive notice of application requirements as of the filing date.
• The applicant has 2 months from the filing date to complete the application before it is abandoned.

According to MPEP 403: “If a patent application as filed has been accorded a filing date but is not complete, the applicant is notified and given a period of time within which to file the missing parts to complete the application and pay the applicable surcharge. … If the applicant fails to provide the Office with a correspondence address, the Office will be unable to provide the applicant with notification to complete the application and to pay the surcharge as set forth in 37 CFR 1.16(f) for nonprovisional applications and 37 CFR 1.16(g) for provisional applications. In such a case, the applicant will be considered to have constructive notice as of the filing date that the application must be completed and the applicant will have 2 months from the filing date in which to do so before abandonment occurs.”

The USPTO provides several forms for Customer Number practice:

• PTO/SB/125 – Request for Customer Number
• PTO/SB/124 – Request for Customer Number Data Change
• PTO/AIA/122 or PTO/SB/122 – Change of Correspondence Address, Application
• PTO/AIA/123 or PTO/SB/123 – Change of Correspondence Address, Patent

According to MPEP 403: “The following forms are suggested for use with the Customer Number practice: (A) the ‘Request for Customer Number’ (PTO/SB/125) to request a Customer Number; (B) the ‘Request for Customer Number Data Change’ (PTO/SB/124) to request a change in the data (address or list of practitioners) associated with an existing Customer Number; (C) the ‘Change of Correspondence Address, Application’ (PTO/AIA/122 for applications filed on or after September 16, 2012, or PTO/SB/122 for applications filed before September 16, 2012) to change the correspondence address of an individual application to the address associated with a Customer Number; and (D) the ‘Change of Correspondence Address, Patent’ (PTO/AIA/123 for applications filed on or after September 16, 2012, or PTO//SB/123 for applications filed before September 16, 2012) to change the correspondence address of an individual patent to the address associated with a Customer Number.”

When two patent practitioners are appointed for the same application:

• If appointed simultaneously, the applicant should specify which address to use for correspondence.
• If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address.
• A new power of attorney appointing only the second practitioner effectively revokes the power of the first practitioner.

According to MPEP 403.02: “If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address. … 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. … 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.”

The USPTO has specific procedures for handling changes in power of attorney and correspondence address. According to MPEP 403:

‘A new power of attorney or change of correspondence address filed in a patent application or patent does not change the correspondence address for any other application or patent.’

Key points to remember:

• Each application or patent is treated separately.
• A change in one application doesn’t automatically apply to others, even if filed by the same applicant or assignee.
• To change multiple applications, you must file separate requests for each one.
• Using a customer number can simplify this process for multiple applications.

It’s crucial to ensure that any changes are properly filed and recorded to maintain effective communication with the USPTO.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.

Generally, the USPTO maintains only one correspondence address for each patent application. As stated in MPEP 403:

‘The Office will direct all notices, official letters, and other communications relating to the application to a single correspondence address.’

However, there are exceptions:

• Powers of attorney to different practitioners may be present in an application, but only one correspondence address is recognized.
• In reexamination proceedings, a ‘duplicate copy’ may be sent to a different address.
• Maintenance fee reminders may be sent to a ‘fee address’ that differs from the correspondence address.

It’s important to note that while multiple addresses may be associated with an application for specific purposes, the USPTO will generally communicate with only one primary correspondence address.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on USPTO, visit: USPTO.

The MPEP provides specific guidance on when an attorney or agent not of record can change the correspondence address. It states:

See MPEP § 402.03 for information regarding when a change of correspondence address or a document granting access (i.e., a power to inspect) may be signed by an attorney or agent who is not of record.

This reference to MPEP § 402.03 suggests that there are certain circumstances where an attorney or agent not of record may be allowed to change the correspondence address or grant access to application information. For specific details, it’s recommended to consult MPEP § 402.03 directly.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on USPTO procedures, visit: USPTO procedures.

The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:

• Mail (except Priority Mail Express®)
• Facsimile
• EFS-Web
• Hand-carried to the Customer Service Window

As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

The USPTO does not receive or process correspondence on Saturdays, Sundays, or Federal holidays within the District of Columbia, with some exceptions. According to 37 CFR 1.6(a)(1):

The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia. Except for correspondence transmitted by facsimile under paragraph (a)(3) of this section, or filed electronically under paragraph (a)(4) of this section, no correspondence is received in the Office on Saturdays, Sundays, or Federal holidays within the District of Columbia.

When the last day for taking action or paying a fee falls on a weekend or holiday, it’s considered timely if done on the next business day: When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:

• Mail (except Priority Mail Express®)
• Facsimile
• EFS-Web
• Hand-carried to the Customer Service Window

As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

The USPTO does not receive or process correspondence on Saturdays, Sundays, or Federal holidays within the District of Columbia, with some exceptions. According to 37 CFR 1.6(a)(1):

The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia. Except for correspondence transmitted by facsimile under paragraph (a)(3) of this section, or filed electronically under paragraph (a)(4) of this section, no correspondence is received in the Office on Saturdays, Sundays, or Federal holidays within the District of Columbia.

When the last day for taking action or paying a fee falls on a weekend or holiday, it’s considered timely if done on the next business day: When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

The correspondence address in a patent application can be changed by specific parties as outlined in 37 CFR 1.33(a):

• A patent practitioner of record (37 CFR 1.33(b)(1))
• The applicant (37 CFR 1.33(b)(3))
• Prior to the appointment of any power of attorney, any patent practitioner named in the application transmittal papers who acts in a representative capacity under 37 CFR 1.34

It’s important to note that after a power of attorney has been appointed, a practitioner acting in a representative capacity cannot change the correspondence address until after the patent has issued, and only with proper notice to the patentee or owner.

To learn more:

• correspondence address
• patent application
• change of address
• patent practitioner

The MPEP provides specific guidance on when an attorney or agent not of record can change the correspondence address. It states:

See MPEP § 402.03 for information regarding when a change of correspondence address or a document granting access (i.e., a power to inspect) may be signed by an attorney or agent who is not of record.

This reference to MPEP § 402.03 suggests that there are certain circumstances where an attorney or agent not of record may be allowed to change the correspondence address or grant access to application information. For specific details, it’s recommended to consult MPEP § 402.03 directly.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on USPTO procedures, visit: USPTO procedures.

When filing a continuing application using papers from a prior application, it’s important to explicitly specify the desired correspondence address, especially if it was changed during the prosecution of the prior application. 37 CFR 1.33(f) states:

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.

To ensure the correct correspondence address is used, you should submit either an application data sheet (ADS) or a separate paper clearly identifying the desired correspondence address for the continuing application. This step is crucial to avoid potential communication issues with the USPTO.

To learn more:

• continuing application
• correspondence address
• application data sheet
• prior application

The correspondence address is crucial in patent applications as it determines where the USPTO sends all official communications. Its relationship to the power of attorney is explained in MPEP 601.02:

“A power of attorney is not required to receive or change a correspondence address.”

Key points about the correspondence address:

• It can be different from the address of the attorney or agent with power of attorney.
• Changing the correspondence address does not affect the power of attorney.
• Revoking a power of attorney does not automatically change the correspondence address.

To ensure proper communication with the USPTO, applicants should carefully manage both the power of attorney and the correspondence address, understanding that they are separate but related aspects of patent application management.

To learn more:

• correspondence address
• power of attorney
• USPTO
• patent application

What is the significance of the ‘correspondence address’ in USPTO patent applications?

The correspondence address is crucial in USPTO patent applications for several reasons:

• It determines where the USPTO sends all official communications regarding the application.
• It can be used to designate a specific attorney or agent to receive correspondence.
• Changes to the correspondence address must be made in writing to ensure proper routing of communications.

According to MPEP 403.01: “The correspondence address is used by the Office for mailing notices, actions, and other communications relating to the application.” Additionally, the MPEP states: “A change of correspondence address may be filed with the USPTO during the pendency of an application, and in a patent file.” This emphasizes the importance of keeping the correspondence address up-to-date to ensure timely receipt of important USPTO communications.

To learn more:

• correspondence address
• USPTO communications
• patent application

What is the significance of a customer number in patent applications filed after September 16, 2012?

A customer number holds significant importance in patent applications filed after September 16, 2012, particularly for managing practitioner representation. Here’s why:

• It allows for efficient management of multiple practitioners
• Power of attorney can be given to a customer number
• It simplifies the process of adding or removing practitioners
• Correspondence address can be associated with a customer number

According to MPEP 403.01(a): ‘A power of attorney or authorization of agent may be given to a customer number in applications filed on or after September 16, 2012.’ This provision streamlines the process of managing representation for applicants and practitioners alike.

Furthermore, the MPEP states: ‘If a practitioner is not of record, correspondence will be sent to the applicant’s correspondence address as shown in the application or the Patent Application Locating and Monitoring (PALM) system.’ This underscores the importance of keeping the customer number and associated information up to date.

To learn more:

• customer number
• patent application
• power of attorney
• correspondence address
• PALM system

A Customer Number is a unique identifier assigned by the USPTO that can be associated with a correspondence address. It offers several advantages in managing patent application correspondence:

• Simplified address changes: You can update the address for multiple applications at once by changing the address associated with the Customer Number.
• Priority in address selection: When multiple addresses are provided, the USPTO may prioritize the address associated with a Customer Number.
• Easier access to Patent Application Information Retrieval (PAIR) system: Customer Numbers can be used to access multiple applications in PAIR.

37 CFR 1.33(a) states: 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.

Using a Customer Number can streamline communication with the USPTO and make it easier to manage multiple patent applications.

To learn more:

• Customer Number
• correspondence address
• USPTO communication
• PAIR access

The procedure for changing the correspondence address in a reexamination or supplemental examination proceeding differs from that of regular patent applications. According to MPEP 601.03(a):

“A correspondence address or change of address filed in a patent application will not change the correspondence address for a reexamination or supplemental examination proceeding.”

To change the correspondence address in these proceedings:

• File a separate paper specifically requesting the change in the reexamination or supplemental examination proceeding
• Ensure the request is signed by a patent practitioner or the patent owner
• Submit the request directly to the Central Reexamination Unit (CRU) or the Office of Patent Legal Administration (OPLA) for supplemental examination proceedings

It’s crucial to note that changes made in the patent application will not automatically apply to these special proceedings.

To learn more:

• correspondence address
• reexamination
• supplemental examination
• address change

What is the difference between a correspondence address and a fee address in USPTO filings?

In USPTO filings, the correspondence address and fee address serve different purposes:

• Correspondence Address: Where the USPTO sends all official communications regarding a patent application or patent.
• Fee Address: Where the USPTO sends maintenance fee reminders for granted patents.

The MPEP clarifies:

The correspondence address is the address associated with the Customer Number to which correspondence is directed. The fee address is the address associated with the Customer Number to which maintenance fee reminders are directed. (MPEP 403)

While these addresses can be the same, they don’t have to be. Applicants or patent owners might choose different addresses, for example, if a law firm handles prosecution but the company itself manages maintenance fees. Using a customer number allows for easy management of both addresses.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on Customer Number, visit: Customer Number.

For more information on Fee Address, visit: Fee Address.

The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:

• Mail (except Priority Mail Express®)
• Facsimile
• EFS-Web
• Hand-carried to the Customer Service Window

As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

The Customer Number practice allows applicants to:

• Designate the correspondence address of a patent application or patent
• Designate the fee address of a patent
• Submit a list of practitioners who have power of attorney

Using a Customer Number allows applicants to easily change the correspondence address, fee address, or list of practitioners for multiple applications or patents by simply changing the information associated with the Customer Number.

According to MPEP 403: “A Customer Number (previously a ‘Payor Number’) may be used to: (A) designate the correspondence address of a patent application or patent such that the correspondence address for the patent application or patent would be the address associated with the Customer Number (37 CFR 1.32(a)(5)(i)); (B) designate the fee address (37 CFR 1.363) of a patent such that the fee address for the patent would be the address associated with the Customer Number (37 CFR 1.32(a)(5)(ii)); and (C) submit a list of practitioners such that those practitioners associated with the Customer Number would have power of attorney (37 CFR 1.32(a)(5)(iii)).”

The correspondence address in a patent application is the address where the United States Patent and Trademark Office (USPTO) will send all official communications regarding the application. According to 37 CFR 1.33(a):

“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.”

This address is crucial for ensuring that applicants receive all necessary information and notifications about their patent application.

To learn more:

• correspondence address
• patent application
• USPTO communication

A Customer Number is a USPTO-assigned number that can be used to:

• Designate the correspondence address for a patent application or patent
• Designate the fee address for a patent
• Submit a list of practitioners with power of attorney

According to MPEP 403: “A Customer Number may be used to designate the address associated with the Customer Number as the correspondence address of an application (or patent) or the fee address of a patent, and may also be used to submit a power of attorney in the application (or patent) to the registered practitioners associated with the Customer Number.”

Using a Customer Number simplifies making changes to correspondence addresses and practitioner information across multiple applications.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on Customer Number, visit: Customer Number.

For more information on Fee Address, visit: Fee Address.

For more information on power of attorney, visit: power of attorney.

When revoking a power of attorney in a situation where there is no practitioner of record, special considerations apply. The MPEP 402.05 states:

‘If a power of attorney is revoked, and a new power of attorney is not promptly filed, then pursuant to 37 CFR 1.33(a) the correspondence address will be changed to that of the inventor(s) or assignee(s) who last provided a correspondence address.’

This means:

• The USPTO will change the correspondence address to that of the inventor(s) or assignee(s).
• The last provided correspondence address by the inventor(s) or assignee(s) will be used.
• All future communications from the USPTO will be sent to this address.
• It’s crucial to provide a new power of attorney or update the correspondence address promptly to ensure receipt of important communications.

To learn more:

• power of attorney
• revocation
• correspondence address
• no practitioner of record

What happens if there are conflicting correspondence addresses in a patent application?

When conflicting correspondence addresses are present in a patent application, the USPTO follows specific guidelines to determine which address to use. According to MPEP 601.03:

“Where 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.”

In practice, this means:

• The USPTO will choose one address to use for correspondence.
• If a Customer Number is provided, it’s likely to be preferred over a typed address.
• To avoid confusion, it’s best to ensure that only one clear correspondence address is specified in your application.

To learn more:

• correspondence address
• conflicting addresses
• patent application

When multiple correspondence addresses are provided in a patent application, the USPTO will select one of the specified addresses for use. According to MPEP 601.03(a):

If more than one correspondence address is specified, whether in a single paper or in multiple papers, 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.

It’s important to note that if the USPTO doesn’t select the address you intended, they will not remail papers to your desired address. To avoid confusion, it’s best to provide clear instructions regarding the correspondence address you wish to use.

To learn more:

• correspondence address
• multiple addresses
• USPTO selection
• Customer Number

If a patent application is filed without a correspondence address:

• The USPTO needs a correspondence address to notify the applicant of any missing parts or requirements.
• If no address is provided, the Office may use the mailing address of the first named inventor as the correspondence address.
• Without a correspondence address, the applicant is considered to have constructive notice of application requirements as of the filing date.
• The applicant has 2 months from the filing date to complete the application before it is abandoned.

According to MPEP 403: “If a patent application as filed has been accorded a filing date but is not complete, the applicant is notified and given a period of time within which to file the missing parts to complete the application and pay the applicable surcharge. … If the applicant fails to provide the Office with a correspondence address, the Office will be unable to provide the applicant with notification to complete the application and to pay the surcharge as set forth in 37 CFR 1.16(f) for nonprovisional applications and 37 CFR 1.16(g) for provisional applications. In such a case, the applicant will be considered to have constructive notice as of the filing date that the application must be completed and the applicant will have 2 months from the filing date in which to do so before abandonment occurs.”

The USPTO provides several forms for Customer Number practice:

• PTO/SB/125 – Request for Customer Number
• PTO/SB/124 – Request for Customer Number Data Change
• PTO/AIA/122 or PTO/SB/122 – Change of Correspondence Address, Application
• PTO/AIA/123 or PTO/SB/123 – Change of Correspondence Address, Patent

According to MPEP 403: “The following forms are suggested for use with the Customer Number practice: (A) the ‘Request for Customer Number’ (PTO/SB/125) to request a Customer Number; (B) the ‘Request for Customer Number Data Change’ (PTO/SB/124) to request a change in the data (address or list of practitioners) associated with an existing Customer Number; (C) the ‘Change of Correspondence Address, Application’ (PTO/AIA/122 for applications filed on or after September 16, 2012, or PTO/SB/122 for applications filed before September 16, 2012) to change the correspondence address of an individual application to the address associated with a Customer Number; and (D) the ‘Change of Correspondence Address, Patent’ (PTO/AIA/123 for applications filed on or after September 16, 2012, or PTO//SB/123 for applications filed before September 16, 2012) to change the correspondence address of an individual patent to the address associated with a Customer Number.”

When providing the mailing address for correspondence in a patent application:

• Include a complete mailing address
• Use the address where the inventor customarily receives mail
• For foreign inventors, provide an address in the U.S. for correspondence

The MPEP 602.08(b) states: ‘The mailing address of each inventor must be provided in order to comply with the separate notification requirement of 35 U.S.C. 11(a).’ This ensures that the USPTO can effectively communicate with all inventors throughout the patent process.

To learn more:

• mailing address
• patent application
• correspondence address

Special attention is required when dealing with the correspondence address in continuation or divisional applications. According to MPEP 601.03(b):

“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.”

The MPEP further explains that when 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 this copy designates an old correspondence address, the USPTO may not recognize the change of correspondence address made during the prosecution of the prior application.

To address this, the MPEP advises: “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.”

To learn more:

• continuation application
• divisional application
• correspondence address
• prior application
• pre-AIA 37 CFR 1.53(b)

To learn more:

• pre-AIA 37 CFR 1.53(b)

For continuing applications where application papers from a prior application are used, special attention must be paid to the correspondence address. According to 37 CFR 1.33(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.”

This means that applicants must explicitly specify the desired correspondence address for the continuing application to ensure proper communication with the USPTO.

To learn more:

• continuing application
• correspondence address
• prior application
• application data sheet

When two patent practitioners are appointed, the handling of correspondence depends on how and when they were appointed. According to MPEP 403.02:

“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.”

This means that the USPTO will use the most recently provided correspondence address. It’s important to note that this is governed by 37 CFR 1.33 and 37 CFR 1.76, which provide regulations on correspondence and application data sheets.

To learn more:

• patent practitioners
• correspondence address
• USPTO communication
• power of attorney

When two patent practitioners are appointed for the same application:

• If appointed simultaneously, the applicant should specify which address to use for correspondence.
• If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address.
• A new power of attorney appointing only the second practitioner effectively revokes the power of the first practitioner.

According to MPEP 403.02: “If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address. … 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. … 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.”

When a practitioner withdraws and the correspondence address will change as a result, the withdrawing practitioner(s) must request that the USPTO direct all future correspondence to one of the following:

• The first named inventor or assignee that has properly made itself of record (for applications filed before September 16, 2012)
• The applicant (for applications filed on or after September 16, 2012)
• The assignee of record (for proceedings involving issued patents)

Practitioners can specify either the correspondence address or the address associated with the Customer Number of the appropriate party. It’s important to note that withdrawing practitioners cannot change the correspondence address to another law firm’s Customer Number or any other address except those mentioned above.

This ensures that the patent application or proceeding remains properly managed after the practitioner’s withdrawal.

To learn more:

• correspondence address
• patent application
• practitioner withdrawal
• USPTO communication

The USPTO does not receive or process correspondence on Saturdays, Sundays, or Federal holidays within the District of Columbia, with some exceptions. According to 37 CFR 1.6(a)(1):

The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia. Except for correspondence transmitted by facsimile under paragraph (a)(3) of this section, or filed electronically under paragraph (a)(4) of this section, no correspondence is received in the Office on Saturdays, Sundays, or Federal holidays within the District of Columbia.

When the last day for taking action or paying a fee falls on a weekend or holiday, it’s considered timely if done on the next business day: When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

How does the USPTO handle correspondence if no practitioner is of record in a patent application?

When no practitioner is of record in a patent application, the USPTO follows specific procedures for handling correspondence. Here’s what you need to know:

• Correspondence is sent to the applicant’s correspondence address
• The address used is the one shown in the application or the Patent Application Locating and Monitoring (PALM) system
• It’s crucial for applicants to keep their correspondence information up to date

As stated in MPEP 403.01(a): ‘If a practitioner is not of record, correspondence will be sent to the applicant’s correspondence address as shown in the application or the Patent Application Locating and Monitoring (PALM) system.’

This policy ensures that even without a practitioner of record, the USPTO can maintain communication with the applicant. It’s important for applicants to regularly check and update their correspondence information to avoid missing critical communications from the USPTO.

To learn more:

• USPTO correspondence
• patent application
• no practitioner of record
• correspondence address
• PALM system

The USPTO has specific procedures for handling changes in power of attorney and correspondence address. According to MPEP 403:

‘A new power of attorney or change of correspondence address filed in a patent application or patent does not change the correspondence address for any other application or patent.’

Key points to remember:

• Each application or patent is treated separately.
• A change in one application doesn’t automatically apply to others, even if filed by the same applicant or assignee.
• To change multiple applications, you must file separate requests for each one.
• Using a customer number can simplify this process for multiple applications.

It’s crucial to ensure that any changes are properly filed and recorded to maintain effective communication with the USPTO.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.

The USPTO determines the correspondence address based on the most recent information provided. According to MPEP 403.02:

“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.”

This means that the USPTO will use the most recently provided correspondence address, regardless of which practitioner it is associated with. This practice is governed by 37 CFR 1.33 and 37 CFR 1.76, which provide regulations on correspondence and application data sheets. It’s crucial for applicants and practitioners to keep the correspondence address up to date to ensure proper communication with the USPTO.

To learn more:

• correspondence address
• USPTO communication
• patent practitioners
• power of attorney

Changing the correspondence address in a patent application does not affect a patent practitioner’s address in the USPTO roster of patent attorneys and agents. This is explicitly stated in 37 CFR 1.33(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.

This means that practitioners must separately update their contact information in the USPTO roster if they wish to change their official address on record with the USPTO. The change of correspondence address in a specific application or patent is independent of the practitioner’s address in the official roster.

To learn more:

• correspondence address
• patent practitioner roster
• USPTO records

When filing a patent application, you must specify a correspondence address in one of two ways:

• In an application data sheet (ADS) under 37 CFR 1.76, or
• Elsewhere in the application papers in a clearly identifiable manner

As stated in 37 CFR 1.33(a): 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.

This address will be used by the USPTO to send all official communications regarding your application.

To learn more:

• correspondence address
• patent application
• ADS
• application data sheet

To change the correspondence address for a patent application, you need to file a properly signed written request with the USPTO. According to MPEP 601.03:

“A written request may be signed by a practitioner of record, the applicant, an assignee of record, or a party who otherwise shows sufficient proprietary interest in the matter, in accordance with 37 CFR 1.33(b).”

The request should clearly state the new correspondence address and include the application number or patent number if already issued. For pending applications, you can use form PTO/AIA/122 or submit a signed letter.

To learn more:

• correspondence address
• change address
• patent application

The process for changing the correspondence address in a patent application filed before September 16, 2012, depends on whether an oath or declaration has been filed:

• Before filing an oath or declaration: The correspondence address can be changed by the party who filed the application, including the inventor(s), any patent practitioner named in the transmittal papers, or the assignee who filed the application.
• After filing an oath or declaration: The correspondence address can be changed by a patent practitioner of record, an assignee as provided under pre-AIA 37 CFR 3.71(b), or all of the applicants, unless there’s an assignee of the entire interest who has taken action in the application.

As stated in MPEP 601.03(b): “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).”

To learn more:

• correspondence address
• patent application
• pre-AIA
• oath
• declaration
• patent practitioner

Generally, the USPTO maintains only one correspondence address for each patent application. As stated in MPEP 403:

‘The Office will direct all notices, official letters, and other communications relating to the application to a single correspondence address.’

However, there are exceptions:

• Powers of attorney to different practitioners may be present in an application, but only one correspondence address is recognized.
• In reexamination proceedings, a ‘duplicate copy’ may be sent to a different address.
• Maintenance fee reminders may be sent to a ‘fee address’ that differs from the correspondence address.

It’s important to note that while multiple addresses may be associated with an application for specific purposes, the USPTO will generally communicate with only one primary correspondence address.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on USPTO, visit: USPTO.

While it’s possible to include multiple correspondence addresses for a single patent application filed after September 16, 2012, the USPTO will ultimately select only one for official use. Here’s what you need to know:

• Multiple addresses can be provided in the application
• The USPTO will choose one address as the official correspondence address
• If a Customer Number is provided, it may be given preference
• Only the selected address will receive official communications

The MPEP 403.01(a) states:

Pursuant to 37 CFR 1.33(a), if an applicant includes more than one correspondence address (37 CFR 1.33(a) ) in a patent application, 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.

To ensure clear communication, it’s best to designate a single, preferred correspondence address for your application. If you need to change this address later, you can file a request with the USPTO.

To learn more:

• USPTO
• correspondence address
• patent application
• Customer Number

Yes, an applicant can appoint two patent practitioners for the same application. However, when doing so, it’s important to specify the correspondence address. As stated in the MPEP:

“If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address.”

This ensures clear communication between the USPTO and the applicant’s representatives. For more details, refer to MPEP § 403, MPEP § 403.01(a), and MPEP § 403.01(b).

To learn more:

• patent practitioners
• correspondence address
• USPTO communication

Can a patent practitioner change the correspondence address without the applicant’s approval?

Generally, a patent practitioner cannot change the correspondence address without the applicant’s approval. The MPEP 601.03 states:

“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 in that application to his or her address.”

However, this is subject to important conditions:

• The practitioner must be acting in a representative capacity.
• Their address must already be the correspondence address of record.
• If the practitioner is no longer representing the applicant, they should not change the address.

It’s important to note that the applicant retains the right to revoke the practitioner’s power of attorney and change the correspondence address at any time. Best practice is for practitioners to communicate with applicants before making any changes to ensure proper authorization and maintain a clear chain of communication with the USPTO.

To learn more:

• correspondence address
• patent practitioner
• applicant approval

No, a juristic entity applicant cannot directly sign a change of correspondence address form. According to MPEP 601.03(a):

“A juristic entity (e.g., organizational assignee) must be represented by a patent practitioner even if the juristic entity is the applicant.”

For juristic entity applicants, the following applies:

• A registered patent practitioner must sign the change of correspondence address form on behalf of the juristic entity
• The practitioner must be appointed to represent the juristic entity
• The appointment can be made in an Application Data Sheet (ADS) or a separate power of attorney document

It’s important to note that this requirement is in place to ensure proper legal representation for juristic entities in patent matters.

To learn more:

• juristic entity
• correspondence address
• patent practitioner
• signature requirements

The correspondence address in a patent application can be changed by specific parties as outlined in 37 CFR 1.33(a):

• A patent practitioner of record (37 CFR 1.33(b)(1))
• The applicant (37 CFR 1.33(b)(3))
• Prior to the appointment of any power of attorney, any patent practitioner named in the application transmittal papers who acts in a representative capacity under 37 CFR 1.34

It’s important to note that after a power of attorney has been appointed, a practitioner acting in a representative capacity cannot change the correspondence address until after the patent has issued, and only with proper notice to the patentee or owner.

To learn more:

• correspondence address
• patent application
• change of address
• patent practitioner

The MPEP provides specific guidance on when an attorney or agent not of record can change the correspondence address. It states:

See MPEP § 402.03 for information regarding when a change of correspondence address or a document granting access (i.e., a power to inspect) may be signed by an attorney or agent who is not of record.

This reference to MPEP § 402.03 suggests that there are certain circumstances where an attorney or agent not of record may be allowed to change the correspondence address or grant access to application information. For specific details, it’s recommended to consult MPEP § 402.03 directly.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on USPTO procedures, visit: USPTO procedures.

When filing a continuing application using papers from a prior application, it’s important to explicitly specify the desired correspondence address, especially if it was changed during the prosecution of the prior application. 37 CFR 1.33(f) states:

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.

To ensure the correct correspondence address is used, you should submit either an application data sheet (ADS) or a separate paper clearly identifying the desired correspondence address for the continuing application. This step is crucial to avoid potential communication issues with the USPTO.

To learn more:

• continuing application
• correspondence address
• application data sheet
• prior application

The correspondence address is crucial in patent applications as it determines where the USPTO sends all official communications. Its relationship to the power of attorney is explained in MPEP 601.02:

“A power of attorney is not required to receive or change a correspondence address.”

Key points about the correspondence address:

• It can be different from the address of the attorney or agent with power of attorney.
• Changing the correspondence address does not affect the power of attorney.
• Revoking a power of attorney does not automatically change the correspondence address.

To ensure proper communication with the USPTO, applicants should carefully manage both the power of attorney and the correspondence address, understanding that they are separate but related aspects of patent application management.

To learn more:

• correspondence address
• power of attorney
• USPTO
• patent application

What is the significance of the ‘correspondence address’ in USPTO patent applications?

The correspondence address is crucial in USPTO patent applications for several reasons:

• It determines where the USPTO sends all official communications regarding the application.
• It can be used to designate a specific attorney or agent to receive correspondence.
• Changes to the correspondence address must be made in writing to ensure proper routing of communications.

According to MPEP 403.01: “The correspondence address is used by the Office for mailing notices, actions, and other communications relating to the application.” Additionally, the MPEP states: “A change of correspondence address may be filed with the USPTO during the pendency of an application, and in a patent file.” This emphasizes the importance of keeping the correspondence address up-to-date to ensure timely receipt of important USPTO communications.

To learn more:

• correspondence address
• USPTO communications
• patent application

What is the significance of a customer number in patent applications filed after September 16, 2012?

A customer number holds significant importance in patent applications filed after September 16, 2012, particularly for managing practitioner representation. Here’s why:

• It allows for efficient management of multiple practitioners
• Power of attorney can be given to a customer number
• It simplifies the process of adding or removing practitioners
• Correspondence address can be associated with a customer number

According to MPEP 403.01(a): ‘A power of attorney or authorization of agent may be given to a customer number in applications filed on or after September 16, 2012.’ This provision streamlines the process of managing representation for applicants and practitioners alike.

Furthermore, the MPEP states: ‘If a practitioner is not of record, correspondence will be sent to the applicant’s correspondence address as shown in the application or the Patent Application Locating and Monitoring (PALM) system.’ This underscores the importance of keeping the customer number and associated information up to date.

To learn more:

• customer number
• patent application
• power of attorney
• correspondence address
• PALM system

A Customer Number is a unique identifier assigned by the USPTO that can be associated with a correspondence address. It offers several advantages in managing patent application correspondence:

• Simplified address changes: You can update the address for multiple applications at once by changing the address associated with the Customer Number.
• Priority in address selection: When multiple addresses are provided, the USPTO may prioritize the address associated with a Customer Number.
• Easier access to Patent Application Information Retrieval (PAIR) system: Customer Numbers can be used to access multiple applications in PAIR.

37 CFR 1.33(a) states: 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.

Using a Customer Number can streamline communication with the USPTO and make it easier to manage multiple patent applications.

To learn more:

• Customer Number
• correspondence address
• USPTO communication
• PAIR access

The procedure for changing the correspondence address in a reexamination or supplemental examination proceeding differs from that of regular patent applications. According to MPEP 601.03(a):

“A correspondence address or change of address filed in a patent application will not change the correspondence address for a reexamination or supplemental examination proceeding.”

To change the correspondence address in these proceedings:

• File a separate paper specifically requesting the change in the reexamination or supplemental examination proceeding
• Ensure the request is signed by a patent practitioner or the patent owner
• Submit the request directly to the Central Reexamination Unit (CRU) or the Office of Patent Legal Administration (OPLA) for supplemental examination proceedings

It’s crucial to note that changes made in the patent application will not automatically apply to these special proceedings.

To learn more:

• correspondence address
• reexamination
• supplemental examination
• address change

What is the difference between a correspondence address and a fee address in USPTO filings?

In USPTO filings, the correspondence address and fee address serve different purposes:

• Correspondence Address: Where the USPTO sends all official communications regarding a patent application or patent.
• Fee Address: Where the USPTO sends maintenance fee reminders for granted patents.

The MPEP clarifies:

The correspondence address is the address associated with the Customer Number to which correspondence is directed. The fee address is the address associated with the Customer Number to which maintenance fee reminders are directed. (MPEP 403)

While these addresses can be the same, they don’t have to be. Applicants or patent owners might choose different addresses, for example, if a law firm handles prosecution but the company itself manages maintenance fees. Using a customer number allows for easy management of both addresses.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on Customer Number, visit: Customer Number.

For more information on Fee Address, visit: Fee Address.

The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:

• Mail (except Priority Mail Express®)
• Facsimile
• EFS-Web
• Hand-carried to the Customer Service Window

As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

The Customer Number practice allows applicants to:

• Designate the correspondence address of a patent application or patent
• Designate the fee address of a patent
• Submit a list of practitioners who have power of attorney

Using a Customer Number allows applicants to easily change the correspondence address, fee address, or list of practitioners for multiple applications or patents by simply changing the information associated with the Customer Number.

According to MPEP 403: “A Customer Number (previously a ‘Payor Number’) may be used to: (A) designate the correspondence address of a patent application or patent such that the correspondence address for the patent application or patent would be the address associated with the Customer Number (37 CFR 1.32(a)(5)(i)); (B) designate the fee address (37 CFR 1.363) of a patent such that the fee address for the patent would be the address associated with the Customer Number (37 CFR 1.32(a)(5)(ii)); and (C) submit a list of practitioners such that those practitioners associated with the Customer Number would have power of attorney (37 CFR 1.32(a)(5)(iii)).”

The correspondence address in a patent application is the address where the United States Patent and Trademark Office (USPTO) will send all official communications regarding the application. According to 37 CFR 1.33(a):

“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.”

This address is crucial for ensuring that applicants receive all necessary information and notifications about their patent application.

To learn more:

• correspondence address
• patent application
• USPTO communication

A Customer Number is a USPTO-assigned number that can be used to:

• Designate the correspondence address for a patent application or patent
• Designate the fee address for a patent
• Submit a list of practitioners with power of attorney

According to MPEP 403: “A Customer Number may be used to designate the address associated with the Customer Number as the correspondence address of an application (or patent) or the fee address of a patent, and may also be used to submit a power of attorney in the application (or patent) to the registered practitioners associated with the Customer Number.”

Using a Customer Number simplifies making changes to correspondence addresses and practitioner information across multiple applications.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on Customer Number, visit: Customer Number.

For more information on Fee Address, visit: Fee Address.

For more information on power of attorney, visit: power of attorney.

When revoking a power of attorney in a situation where there is no practitioner of record, special considerations apply. The MPEP 402.05 states:

‘If a power of attorney is revoked, and a new power of attorney is not promptly filed, then pursuant to 37 CFR 1.33(a) the correspondence address will be changed to that of the inventor(s) or assignee(s) who last provided a correspondence address.’

This means:

• The USPTO will change the correspondence address to that of the inventor(s) or assignee(s).
• The last provided correspondence address by the inventor(s) or assignee(s) will be used.
• All future communications from the USPTO will be sent to this address.
• It’s crucial to provide a new power of attorney or update the correspondence address promptly to ensure receipt of important communications.

To learn more:

• power of attorney
• revocation
• correspondence address
• no practitioner of record

What happens if there are conflicting correspondence addresses in a patent application?

When conflicting correspondence addresses are present in a patent application, the USPTO follows specific guidelines to determine which address to use. According to MPEP 601.03:

“Where 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.”

In practice, this means:

• The USPTO will choose one address to use for correspondence.
• If a Customer Number is provided, it’s likely to be preferred over a typed address.
• To avoid confusion, it’s best to ensure that only one clear correspondence address is specified in your application.

To learn more:

• correspondence address
• conflicting addresses
• patent application

When multiple correspondence addresses are provided in a patent application, the USPTO will select one of the specified addresses for use. According to MPEP 601.03(a):

If more than one correspondence address is specified, whether in a single paper or in multiple papers, 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.

It’s important to note that if the USPTO doesn’t select the address you intended, they will not remail papers to your desired address. To avoid confusion, it’s best to provide clear instructions regarding the correspondence address you wish to use.

To learn more:

• correspondence address
• multiple addresses
• USPTO selection
• Customer Number

If a patent application is filed without a correspondence address:

• The USPTO needs a correspondence address to notify the applicant of any missing parts or requirements.
• If no address is provided, the Office may use the mailing address of the first named inventor as the correspondence address.
• Without a correspondence address, the applicant is considered to have constructive notice of application requirements as of the filing date.
• The applicant has 2 months from the filing date to complete the application before it is abandoned.

According to MPEP 403: “If a patent application as filed has been accorded a filing date but is not complete, the applicant is notified and given a period of time within which to file the missing parts to complete the application and pay the applicable surcharge. … If the applicant fails to provide the Office with a correspondence address, the Office will be unable to provide the applicant with notification to complete the application and to pay the surcharge as set forth in 37 CFR 1.16(f) for nonprovisional applications and 37 CFR 1.16(g) for provisional applications. In such a case, the applicant will be considered to have constructive notice as of the filing date that the application must be completed and the applicant will have 2 months from the filing date in which to do so before abandonment occurs.”

The USPTO provides several forms for Customer Number practice:

• PTO/SB/125 – Request for Customer Number
• PTO/SB/124 – Request for Customer Number Data Change
• PTO/AIA/122 or PTO/SB/122 – Change of Correspondence Address, Application
• PTO/AIA/123 or PTO/SB/123 – Change of Correspondence Address, Patent

According to MPEP 403: “The following forms are suggested for use with the Customer Number practice: (A) the ‘Request for Customer Number’ (PTO/SB/125) to request a Customer Number; (B) the ‘Request for Customer Number Data Change’ (PTO/SB/124) to request a change in the data (address or list of practitioners) associated with an existing Customer Number; (C) the ‘Change of Correspondence Address, Application’ (PTO/AIA/122 for applications filed on or after September 16, 2012, or PTO/SB/122 for applications filed before September 16, 2012) to change the correspondence address of an individual application to the address associated with a Customer Number; and (D) the ‘Change of Correspondence Address, Patent’ (PTO/AIA/123 for applications filed on or after September 16, 2012, or PTO//SB/123 for applications filed before September 16, 2012) to change the correspondence address of an individual patent to the address associated with a Customer Number.”

When providing the mailing address for correspondence in a patent application:

• Include a complete mailing address
• Use the address where the inventor customarily receives mail
• For foreign inventors, provide an address in the U.S. for correspondence

The MPEP 602.08(b) states: ‘The mailing address of each inventor must be provided in order to comply with the separate notification requirement of 35 U.S.C. 11(a).’ This ensures that the USPTO can effectively communicate with all inventors throughout the patent process.

To learn more:

• mailing address
• patent application
• correspondence address

Special attention is required when dealing with the correspondence address in continuation or divisional applications. According to MPEP 601.03(b):

“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.”

The MPEP further explains that when 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 this copy designates an old correspondence address, the USPTO may not recognize the change of correspondence address made during the prosecution of the prior application.

To address this, the MPEP advises: “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.”

To learn more:

• continuation application
• divisional application
• correspondence address
• prior application
• pre-AIA 37 CFR 1.53(b)

To learn more:

• pre-AIA 37 CFR 1.53(b)

For continuing applications where application papers from a prior application are used, special attention must be paid to the correspondence address. According to 37 CFR 1.33(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.”

This means that applicants must explicitly specify the desired correspondence address for the continuing application to ensure proper communication with the USPTO.

To learn more:

• continuing application
• correspondence address
• prior application
• application data sheet

When two patent practitioners are appointed, the handling of correspondence depends on how and when they were appointed. According to MPEP 403.02:

“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.”

This means that the USPTO will use the most recently provided correspondence address. It’s important to note that this is governed by 37 CFR 1.33 and 37 CFR 1.76, which provide regulations on correspondence and application data sheets.

To learn more:

• patent practitioners
• correspondence address
• USPTO communication
• power of attorney

When two patent practitioners are appointed for the same application:

• If appointed simultaneously, the applicant should specify which address to use for correspondence.
• If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address.
• A new power of attorney appointing only the second practitioner effectively revokes the power of the first practitioner.

According to MPEP 403.02: “If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address. … 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. … 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.”

When a practitioner withdraws and the correspondence address will change as a result, the withdrawing practitioner(s) must request that the USPTO direct all future correspondence to one of the following:

• The first named inventor or assignee that has properly made itself of record (for applications filed before September 16, 2012)
• The applicant (for applications filed on or after September 16, 2012)
• The assignee of record (for proceedings involving issued patents)

Practitioners can specify either the correspondence address or the address associated with the Customer Number of the appropriate party. It’s important to note that withdrawing practitioners cannot change the correspondence address to another law firm’s Customer Number or any other address except those mentioned above.

This ensures that the patent application or proceeding remains properly managed after the practitioner’s withdrawal.

To learn more:

• correspondence address
• patent application
• practitioner withdrawal
• USPTO communication

The USPTO does not receive or process correspondence on Saturdays, Sundays, or Federal holidays within the District of Columbia, with some exceptions. According to 37 CFR 1.6(a)(1):

The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia. Except for correspondence transmitted by facsimile under paragraph (a)(3) of this section, or filed electronically under paragraph (a)(4) of this section, no correspondence is received in the Office on Saturdays, Sundays, or Federal holidays within the District of Columbia.

When the last day for taking action or paying a fee falls on a weekend or holiday, it’s considered timely if done on the next business day: When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

How does the USPTO handle correspondence if no practitioner is of record in a patent application?

When no practitioner is of record in a patent application, the USPTO follows specific procedures for handling correspondence. Here’s what you need to know:

• Correspondence is sent to the applicant’s correspondence address
• The address used is the one shown in the application or the Patent Application Locating and Monitoring (PALM) system
• It’s crucial for applicants to keep their correspondence information up to date

As stated in MPEP 403.01(a): ‘If a practitioner is not of record, correspondence will be sent to the applicant’s correspondence address as shown in the application or the Patent Application Locating and Monitoring (PALM) system.’

This policy ensures that even without a practitioner of record, the USPTO can maintain communication with the applicant. It’s important for applicants to regularly check and update their correspondence information to avoid missing critical communications from the USPTO.

To learn more:

• USPTO correspondence
• patent application
• no practitioner of record
• correspondence address
• PALM system

The USPTO has specific procedures for handling changes in power of attorney and correspondence address. According to MPEP 403:

‘A new power of attorney or change of correspondence address filed in a patent application or patent does not change the correspondence address for any other application or patent.’

Key points to remember:

• Each application or patent is treated separately.
• A change in one application doesn’t automatically apply to others, even if filed by the same applicant or assignee.
• To change multiple applications, you must file separate requests for each one.
• Using a customer number can simplify this process for multiple applications.

It’s crucial to ensure that any changes are properly filed and recorded to maintain effective communication with the USPTO.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on power of attorney, visit: power of attorney.

For more information on USPTO, visit: USPTO.

The USPTO determines the correspondence address based on the most recent information provided. According to MPEP 403.02:

“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.”

This means that the USPTO will use the most recently provided correspondence address, regardless of which practitioner it is associated with. This practice is governed by 37 CFR 1.33 and 37 CFR 1.76, which provide regulations on correspondence and application data sheets. It’s crucial for applicants and practitioners to keep the correspondence address up to date to ensure proper communication with the USPTO.

To learn more:

• correspondence address
• USPTO communication
• patent practitioners
• power of attorney

Changing the correspondence address in a patent application does not affect a patent practitioner’s address in the USPTO roster of patent attorneys and agents. This is explicitly stated in 37 CFR 1.33(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.

This means that practitioners must separately update their contact information in the USPTO roster if they wish to change their official address on record with the USPTO. The change of correspondence address in a specific application or patent is independent of the practitioner’s address in the official roster.

To learn more:

• correspondence address
• patent practitioner roster
• USPTO records

When filing a patent application, you must specify a correspondence address in one of two ways:

• In an application data sheet (ADS) under 37 CFR 1.76, or
• Elsewhere in the application papers in a clearly identifiable manner

As stated in 37 CFR 1.33(a): 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.

This address will be used by the USPTO to send all official communications regarding your application.

To learn more:

• correspondence address
• patent application
• ADS
• application data sheet

To change the correspondence address for a patent application, you need to file a properly signed written request with the USPTO. According to MPEP 601.03:

“A written request may be signed by a practitioner of record, the applicant, an assignee of record, or a party who otherwise shows sufficient proprietary interest in the matter, in accordance with 37 CFR 1.33(b).”

The request should clearly state the new correspondence address and include the application number or patent number if already issued. For pending applications, you can use form PTO/AIA/122 or submit a signed letter.

To learn more:

• correspondence address
• change address
• patent application

The process for changing the correspondence address in a patent application filed before September 16, 2012, depends on whether an oath or declaration has been filed:

• Before filing an oath or declaration: The correspondence address can be changed by the party who filed the application, including the inventor(s), any patent practitioner named in the transmittal papers, or the assignee who filed the application.
• After filing an oath or declaration: The correspondence address can be changed by a patent practitioner of record, an assignee as provided under pre-AIA 37 CFR 3.71(b), or all of the applicants, unless there’s an assignee of the entire interest who has taken action in the application.

As stated in MPEP 601.03(b): “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).”

To learn more:

• correspondence address
• patent application
• pre-AIA
• oath
• declaration
• patent practitioner

Generally, the USPTO maintains only one correspondence address for each patent application. As stated in MPEP 403:

‘The Office will direct all notices, official letters, and other communications relating to the application to a single correspondence address.’

However, there are exceptions:

• Powers of attorney to different practitioners may be present in an application, but only one correspondence address is recognized.
• In reexamination proceedings, a ‘duplicate copy’ may be sent to a different address.
• Maintenance fee reminders may be sent to a ‘fee address’ that differs from the correspondence address.

It’s important to note that while multiple addresses may be associated with an application for specific purposes, the USPTO will generally communicate with only one primary correspondence address.

For more information on Correspondence Address, visit: Correspondence Address.

For more information on USPTO, visit: USPTO.

While it’s possible to include multiple correspondence addresses for a single patent application filed after September 16, 2012, the USPTO will ultimately select only one for official use. Here’s what you need to know:

• Multiple addresses can be provided in the application
• The USPTO will choose one address as the official correspondence address
• If a Customer Number is provided, it may be given preference
• Only the selected address will receive official communications

The MPEP 403.01(a) states:

Pursuant to 37 CFR 1.33(a), if an applicant includes more than one correspondence address (37 CFR 1.33(a) ) in a patent application, 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.

To ensure clear communication, it’s best to designate a single, preferred correspondence address for your application. If you need to change this address later, you can file a request with the USPTO.

To learn more:

• USPTO
• correspondence address
• patent application
• Customer Number

Yes, an applicant can appoint two patent practitioners for the same application. However, when doing so, it’s important to specify the correspondence address. As stated in the MPEP:

“If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address.”

This ensures clear communication between the USPTO and the applicant’s representatives. For more details, refer to MPEP § 403, MPEP § 403.01(a), and MPEP § 403.01(b).

To learn more:

• patent practitioners
• correspondence address
• USPTO communication

Can a patent practitioner change the correspondence address without the applicant’s approval?

Generally, a patent practitioner cannot change the correspondence address without the applicant’s approval. The MPEP 601.03 states:

“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 in that application to his or her address.”

However, this is subject to important conditions:

• The practitioner must be acting in a representative capacity.
• Their address must already be the correspondence address of record.
• If the practitioner is no longer representing the applicant, they should not change the address.

It’s important to note that the applicant retains the right to revoke the practitioner’s power of attorney and change the correspondence address at any time. Best practice is for practitioners to communicate with applicants before making any changes to ensure proper authorization and maintain a clear chain of communication with the USPTO.

To learn more:

• correspondence address
• patent practitioner
• applicant approval

No, a juristic entity applicant cannot directly sign a change of correspondence address form. According to MPEP 601.03(a):

“A juristic entity (e.g., organizational assignee) must be represented by a patent practitioner even if the juristic entity is the applicant.”

For juristic entity applicants, the following applies:

• A registered patent practitioner must sign the change of correspondence address form on behalf of the juristic entity
• The practitioner must be appointed to represent the juristic entity
• The appointment can be made in an Application Data Sheet (ADS) or a separate power of attorney document

It’s important to note that this requirement is in place to ensure proper legal representation for juristic entities in patent matters.

To learn more:

• juristic entity
• correspondence address
• patent practitioner
• signature requirements