Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

Here’s the complete FAQ:

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MPEP 200 - Types and Status of Application; Benefit and Priority (1)

For unpublished patent applications, access to information is more restricted and typically limited to the applicant or their registered representative. Here’s what you need to know:

  • Unpublished application information is available through Private PAIR.
  • You must associate a Customer Number with your application to access this information.
  • If you’re not the applicant or authorized representative, access may be restricted due to confidentiality rules.

The MPEP states: In private PAIR, an applicant (or applicant’s registered patent attorney or registered patent agent) can securely track the progress of applicant’s application(s) through the USPTO. Private PAIR makes available information relating to unpublished patent applications, but the applicant must associate a Customer Number with the application to obtain access. (MPEP 203.08)

For more information on Customer Number practice, refer to MPEP ยง 403.

To learn more:

MPEP 400 - Representative of Applicant or Owner (19)

What is the significance of a customer number in USPTO correspondence?

A customer number is a crucial tool for managing correspondence with the USPTO. According to MPEP 403:

‘A customer number allows an applicant, attorney or agent to easily change the correspondence address for a number of applications or patents by simply requesting a change to the address associated with the customer number.’

Key benefits of using a customer number include:

  • Streamlined correspondence management for multiple applications
  • Easy updates to address information
  • Efficient access to application information through USPTO systems

By using a customer number, patent professionals can significantly simplify their administrative processes when dealing with the USPTO.

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

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

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:

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:

What is the purpose of a Customer Number in USPTO correspondence?

A Customer Number is a unique identifier assigned by the USPTO to simplify and streamline patent correspondence. According to the MPEP 403, ‘The Customer Number practice permits applicants, attorneys, and agents of record to change their correspondence address for a number of applications with one request.’ This system allows for:

  • Easy updates to correspondence addresses for multiple applications
  • Efficient management of power of attorney
  • Simplified access to private PAIR (Patent Application Information Retrieval) for registered practitioners

By using a Customer Number, patent applicants and their representatives can more effectively manage their patent portfolios and communications with the USPTO.

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

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

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)).”

What is the Customer Number practice at the USPTO for patent applications?

The Customer Number practice at the USPTO is a system that simplifies the process of managing correspondence addresses for patent applicants and practitioners. Key aspects of this practice include:

  • A Customer Number is a unique identifier assigned by the USPTO to a specific address.
  • It allows for easy updating of correspondence information for multiple applications.
  • Customer Numbers can be associated with Power of Attorney forms.

According to MPEP 403.01(a): ‘The Customer Number practice permits a patent applicant, assignee or practitioner of record to change the correspondence address for a number of applications or patents with one change of address filed in one location.’

To use the Customer Number practice:

  1. Request a Customer Number from the USPTO using the Customer Number Request form (PTO/SB/125A).
  2. Associate the Customer Number with your applications using the appropriate forms or through the USPTO’s electronic filing system.
  3. Update your correspondence address by modifying the Customer Number information, which will automatically update all associated applications.

This practice significantly streamlines the process of managing correspondence for multiple patent applications, making it easier for applicants and practitioners to maintain up-to-date contact information with the USPTO.

To learn more:

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.

A customer number is a unique identifier assigned by the USPTO to simplify patent correspondence. According to MPEP 403:

‘A customer number allows a patent applicant, patent owner, or assignee to designate a single correspondence address for all applications and patents associated with that customer number.’

Benefits of using a customer number include:

  • Easier management of correspondence addresses for multiple applications
  • Simplified process for changing the address or representative for all linked applications
  • Improved efficiency in USPTO communications

To obtain a customer number, you need to file a request with the USPTO using the appropriate form.

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

For more information on patent correspondence, visit: patent correspondence.

For more information on USPTO, visit: USPTO.

When a new power of attorney is filed, it generally revokes all prior powers of attorney. MPEP 402.05(a) provides several scenarios:

  • If a new power of attorney is filed without explicitly revoking prior ones, it will be treated as a revocation of the original power of attorney.
  • If an assignee files a new power of attorney, it revokes and replaces the original power of attorney filed by the applicant.
  • If a power of attorney is given to practitioners associated with a Customer Number, and a second power of attorney is later received for a different Customer Number, the second one will replace the first.

The MPEP states:

In all of these situations, the most recently filed power of attorney will control.

This means that the latest power of attorney filed will take precedence over any previously filed ones.

To learn more:

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 multiple correspondence addresses are provided, the USPTO has a specific process for selection. According to 37 CFR 1.33(a):

“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.”

This means that the USPTO will choose one address for all official communications, with a preference for Customer Number addresses if provided. Applicants should be aware of this to ensure they provide the most appropriate address for correspondence.

To learn more:

How does the USPTO handle correspondence when there’s a conflict between customer number and application data sheet?

When there’s a conflict between the correspondence address provided in a customer number and an application data sheet (ADS), the USPTO follows specific rules:

  1. The correspondence address in the ADS takes precedence if filed with the initial application papers.
  2. A customer number provided in a single paper with a clear power of attorney overrides the ADS.
  3. If no power of attorney is filed, the correspondence address in the ADS is used.

The MPEP states:

Where an applicant provides a correspondence address in an application data sheet (ADS) that is different from the address associated with a customer number provided in a single paper (e.g., in a power of attorney or inventor’s oath or declaration), the address in the ADS will be the correspondence address of record. (MPEP 403)

It’s crucial to ensure consistency in your filings to avoid confusion. If you need to change the correspondence address after filing, you should submit a separate change of address request or update your customer number information.

For more information on application data sheet, visit: application data sheet.

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

For more information on USPTO, visit: USPTO.

In pre-2012 patent applications, filing a new power of attorney can have significant effects on existing powers of attorney. MPEP 402.05(b) outlines several scenarios:

  1. New power of attorney without explicit revocation: “When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files another power of attorney, giving power of attorney to D without revoking all prior powers of attorney, the subsequently filed power of attorney will be treated as a revocation of the original power of attorney.”
  2. Assignee filing new power of attorney: “If the applicant signed the original power of attorney, and an assignee of the entire interest of the applicant later takes action and files a new power of attorney, the original power of attorney is revoked and replaced by the power of attorney filed by the assignee.”
  3. Change in Customer Number: “If a power of attorney is given to the practitioners associated with a Customer Number, and a (second) power of attorney is later received giving power of attorney to patent practitioners associated with a different Customer Number, the second power of attorney will be processed, with the first Customer Number being replaced with the second.”

In all these cases, the most recently filed power of attorney will control, effectively revoking or replacing the previous ones.

To learn more:

How do I update the list of practitioners associated with a Customer Number?

To update the list of practitioners associated with a Customer Number, follow these steps:

  1. Complete the Change of Correspondence Address Form (PTO/SB/122)
  2. Provide the Customer Number and the updated list of registered practitioners
  3. Submit the form to the USPTO

The MPEP 403 specifies:

‘A request to change the correspondence address or list of registered practitioners associated with a Customer Number must be made in writing.’

It’s important to note that:

  • Only registered practitioners can be added to a Customer Number
  • Changes will affect all applications associated with the Customer Number
  • The USPTO recommends using the online Electronic Business Center (EBC) for faster processing

Keeping the practitioner list up-to-date ensures proper communication and representation for all linked patent applications.

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

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

How can I change the correspondence address for multiple patent applications?

Changing the correspondence address for multiple patent applications can be efficiently done using the USPTO’s Customer Number practice. Here’s how:

  1. Obtain a customer number if you don’t already have one.
  2. Associate your patent applications with the customer number.
  3. Update the address linked to the customer number.

The MPEP explains:

A Customer Number may be used to: … (2) change the correspondence address, fee address, or list of practitioners of record for a plurality of applications or patents through a single request. (MPEP 403)

This process eliminates the need to file separate change of address forms for each application, saving time and reducing the risk of errors. To make changes, use the USPTO’s Electronic Filing System (EFS-Web) or file a written request with the USPTO.

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

How can a practitioner become of record in a patent application filed on or after September 16, 2012?

A practitioner can become of record in a patent application filed on or after September 16, 2012, through the following methods:

  • Filing an Application Data Sheet (ADS) that names the practitioner as the representative
  • Filing a power of attorney (POA) signed by the applicant
  • Filing a patent application transmittal letter signed by the applicant and naming the practitioner as a representative
  • Being named as the representative in the oath or declaration

As stated in 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 allows for easier management of multiple practitioners associated with a single customer number.

To learn more:

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:

Can a Customer Number be used for multiple patent applications?

Yes, a Customer Number can be used for multiple patent applications. This is one of the primary benefits of the Customer Number system. The MPEP 403 states:

‘The Customer Number practice permits applicants, attorneys, and agents of record to change their correspondence address for a number of applications with one request.’

This means that:

  • A single Customer Number can be associated with multiple patent applications
  • Changes to the correspondence address or list of registered practitioners can be made once and applied to all linked applications
  • It simplifies portfolio management for applicants and law firms handling multiple patents

Using a Customer Number for multiple applications streamlines communication with the USPTO and helps ensure consistent handling of related patent matters.

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

MPEP 403 - Correspondence โ€” With Whom Held; Customer Number Practice (11)

What is the significance of a customer number in USPTO correspondence?

A customer number is a crucial tool for managing correspondence with the USPTO. According to MPEP 403:

‘A customer number allows an applicant, attorney or agent to easily change the correspondence address for a number of applications or patents by simply requesting a change to the address associated with the customer number.’

Key benefits of using a customer number include:

  • Streamlined correspondence management for multiple applications
  • Easy updates to address information
  • Efficient access to application information through USPTO systems

By using a customer number, patent professionals can significantly simplify their administrative processes when dealing with the USPTO.

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

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

What is the purpose of a Customer Number in USPTO correspondence?

A Customer Number is a unique identifier assigned by the USPTO to simplify and streamline patent correspondence. According to the MPEP 403, ‘The Customer Number practice permits applicants, attorneys, and agents of record to change their correspondence address for a number of applications with one request.’ This system allows for:

  • Easy updates to correspondence addresses for multiple applications
  • Efficient management of power of attorney
  • Simplified access to private PAIR (Patent Application Information Retrieval) for registered practitioners

By using a Customer Number, patent applicants and their representatives can more effectively manage their patent portfolios and communications with the USPTO.

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

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

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.

A customer number is a unique identifier assigned by the USPTO to simplify patent correspondence. According to MPEP 403:

‘A customer number allows a patent applicant, patent owner, or assignee to designate a single correspondence address for all applications and patents associated with that customer number.’

Benefits of using a customer number include:

  • Easier management of correspondence addresses for multiple applications
  • Simplified process for changing the address or representative for all linked applications
  • Improved efficiency in USPTO communications

To obtain a customer number, you need to file a request with the USPTO using the appropriate form.

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

For more information on patent correspondence, visit: patent correspondence.

For more information on USPTO, visit: USPTO.

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.”

How does the USPTO handle correspondence when there’s a conflict between customer number and application data sheet?

When there’s a conflict between the correspondence address provided in a customer number and an application data sheet (ADS), the USPTO follows specific rules:

  1. The correspondence address in the ADS takes precedence if filed with the initial application papers.
  2. A customer number provided in a single paper with a clear power of attorney overrides the ADS.
  3. If no power of attorney is filed, the correspondence address in the ADS is used.

The MPEP states:

Where an applicant provides a correspondence address in an application data sheet (ADS) that is different from the address associated with a customer number provided in a single paper (e.g., in a power of attorney or inventor’s oath or declaration), the address in the ADS will be the correspondence address of record. (MPEP 403)

It’s crucial to ensure consistency in your filings to avoid confusion. If you need to change the correspondence address after filing, you should submit a separate change of address request or update your customer number information.

For more information on application data sheet, visit: application data sheet.

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

For more information on USPTO, visit: USPTO.

How do I update the list of practitioners associated with a Customer Number?

To update the list of practitioners associated with a Customer Number, follow these steps:

  1. Complete the Change of Correspondence Address Form (PTO/SB/122)
  2. Provide the Customer Number and the updated list of registered practitioners
  3. Submit the form to the USPTO

The MPEP 403 specifies:

‘A request to change the correspondence address or list of registered practitioners associated with a Customer Number must be made in writing.’

It’s important to note that:

  • Only registered practitioners can be added to a Customer Number
  • Changes will affect all applications associated with the Customer Number
  • The USPTO recommends using the online Electronic Business Center (EBC) for faster processing

Keeping the practitioner list up-to-date ensures proper communication and representation for all linked patent applications.

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

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

How can I change the correspondence address for multiple patent applications?

Changing the correspondence address for multiple patent applications can be efficiently done using the USPTO’s Customer Number practice. Here’s how:

  1. Obtain a customer number if you don’t already have one.
  2. Associate your patent applications with the customer number.
  3. Update the address linked to the customer number.

The MPEP explains:

A Customer Number may be used to: … (2) change the correspondence address, fee address, or list of practitioners of record for a plurality of applications or patents through a single request. (MPEP 403)

This process eliminates the need to file separate change of address forms for each application, saving time and reducing the risk of errors. To make changes, use the USPTO’s Electronic Filing System (EFS-Web) or file a written request with the USPTO.

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

Can a Customer Number be used for multiple patent applications?

Yes, a Customer Number can be used for multiple patent applications. This is one of the primary benefits of the Customer Number system. The MPEP 403 states:

‘The Customer Number practice permits applicants, attorneys, and agents of record to change their correspondence address for a number of applications with one request.’

This means that:

  • A single Customer Number can be associated with multiple patent applications
  • Changes to the correspondence address or list of registered practitioners can be made once and applied to all linked applications
  • It simplifies portfolio management for applicants and law firms handling multiple patents

Using a Customer Number for multiple applications streamlines communication with the USPTO and helps ensure consistent handling of related patent matters.

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

Patent Law (23)

What is the significance of a customer number in USPTO correspondence?

A customer number is a crucial tool for managing correspondence with the USPTO. According to MPEP 403:

‘A customer number allows an applicant, attorney or agent to easily change the correspondence address for a number of applications or patents by simply requesting a change to the address associated with the customer number.’

Key benefits of using a customer number include:

  • Streamlined correspondence management for multiple applications
  • Easy updates to address information
  • Efficient access to application information through USPTO systems

By using a customer number, patent professionals can significantly simplify their administrative processes when dealing with the USPTO.

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

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

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:

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:

What is the purpose of a Customer Number in USPTO correspondence?

A Customer Number is a unique identifier assigned by the USPTO to simplify and streamline patent correspondence. According to the MPEP 403, ‘The Customer Number practice permits applicants, attorneys, and agents of record to change their correspondence address for a number of applications with one request.’ This system allows for:

  • Easy updates to correspondence addresses for multiple applications
  • Efficient management of power of attorney
  • Simplified access to private PAIR (Patent Application Information Retrieval) for registered practitioners

By using a Customer Number, patent applicants and their representatives can more effectively manage their patent portfolios and communications with the USPTO.

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

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

A power of attorney and a customer number serve different purposes in patent applications:

  • Power of Attorney: This is a legal document that gives an attorney or agent the authority to act on behalf of the applicant or assignee in matters before the USPTO.
  • Customer Number: This is a unique identifier assigned by the USPTO to allow for easier management of multiple patent applications.

According to MPEP 601.02: “A power of attorney may be supplied with a customer number so that the power of attorney will be effective in all existing and future patent applications or patent matters associated with that customer number.” This means that a customer number can be used in conjunction with a power of attorney to streamline the process of managing multiple applications.

To learn more:

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)).”

What is the Customer Number practice at the USPTO for patent applications?

The Customer Number practice at the USPTO is a system that simplifies the process of managing correspondence addresses for patent applicants and practitioners. Key aspects of this practice include:

  • A Customer Number is a unique identifier assigned by the USPTO to a specific address.
  • It allows for easy updating of correspondence information for multiple applications.
  • Customer Numbers can be associated with Power of Attorney forms.

According to MPEP 403.01(a): ‘The Customer Number practice permits a patent applicant, assignee or practitioner of record to change the correspondence address for a number of applications or patents with one change of address filed in one location.’

To use the Customer Number practice:

  1. Request a Customer Number from the USPTO using the Customer Number Request form (PTO/SB/125A).
  2. Associate the Customer Number with your applications using the appropriate forms or through the USPTO’s electronic filing system.
  3. Update your correspondence address by modifying the Customer Number information, which will automatically update all associated applications.

This practice significantly streamlines the process of managing correspondence for multiple patent applications, making it easier for applicants and practitioners to maintain up-to-date contact information with the USPTO.

To learn more:

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.

A customer number is a unique identifier assigned by the USPTO to simplify patent correspondence. According to MPEP 403:

‘A customer number allows a patent applicant, patent owner, or assignee to designate a single correspondence address for all applications and patents associated with that customer number.’

Benefits of using a customer number include:

  • Easier management of correspondence addresses for multiple applications
  • Simplified process for changing the address or representative for all linked applications
  • Improved efficiency in USPTO communications

To obtain a customer number, you need to file a request with the USPTO using the appropriate form.

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

For more information on patent correspondence, visit: patent correspondence.

For more information on USPTO, visit: USPTO.

For unpublished patent applications, access to information is more restricted and typically limited to the applicant or their registered representative. Here’s what you need to know:

  • Unpublished application information is available through Private PAIR.
  • You must associate a Customer Number with your application to access this information.
  • If you’re not the applicant or authorized representative, access may be restricted due to confidentiality rules.

The MPEP states: In private PAIR, an applicant (or applicant’s registered patent attorney or registered patent agent) can securely track the progress of applicant’s application(s) through the USPTO. Private PAIR makes available information relating to unpublished patent applications, but the applicant must associate a Customer Number with the application to obtain access. (MPEP 203.08)

For more information on Customer Number practice, refer to MPEP ยง 403.

To learn more:

When a new power of attorney is filed, it generally revokes all prior powers of attorney. MPEP 402.05(a) provides several scenarios:

  • If a new power of attorney is filed without explicitly revoking prior ones, it will be treated as a revocation of the original power of attorney.
  • If an assignee files a new power of attorney, it revokes and replaces the original power of attorney filed by the applicant.
  • If a power of attorney is given to practitioners associated with a Customer Number, and a second power of attorney is later received for a different Customer Number, the second one will replace the first.

The MPEP states:

In all of these situations, the most recently filed power of attorney will control.

This means that the latest power of attorney filed will take precedence over any previously filed ones.

To learn more:

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:

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 multiple correspondence addresses are provided, the USPTO has a specific process for selection. According to 37 CFR 1.33(a):

“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.”

This means that the USPTO will choose one address for all official communications, with a preference for Customer Number addresses if provided. Applicants should be aware of this to ensure they provide the most appropriate address for correspondence.

To learn more:

When multiple correspondence addresses are specified in a single document, the USPTO has a specific procedure for selecting which address to use. According to MPEP 601.03(b):

“If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address.”

This means that if you provide multiple addresses, the USPTO will choose one, giving preference to a Customer Number address over a typed address. To avoid confusion, it’s best to clearly specify only one correspondence address in your patent application documents.

To learn more:

How does the USPTO handle correspondence when there’s a conflict between customer number and application data sheet?

When there’s a conflict between the correspondence address provided in a customer number and an application data sheet (ADS), the USPTO follows specific rules:

  1. The correspondence address in the ADS takes precedence if filed with the initial application papers.
  2. A customer number provided in a single paper with a clear power of attorney overrides the ADS.
  3. If no power of attorney is filed, the correspondence address in the ADS is used.

The MPEP states:

Where an applicant provides a correspondence address in an application data sheet (ADS) that is different from the address associated with a customer number provided in a single paper (e.g., in a power of attorney or inventor’s oath or declaration), the address in the ADS will be the correspondence address of record. (MPEP 403)

It’s crucial to ensure consistency in your filings to avoid confusion. If you need to change the correspondence address after filing, you should submit a separate change of address request or update your customer number information.

For more information on application data sheet, visit: application data sheet.

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

For more information on USPTO, visit: USPTO.

In pre-2012 patent applications, filing a new power of attorney can have significant effects on existing powers of attorney. MPEP 402.05(b) outlines several scenarios:

  1. New power of attorney without explicit revocation: “When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files another power of attorney, giving power of attorney to D without revoking all prior powers of attorney, the subsequently filed power of attorney will be treated as a revocation of the original power of attorney.”
  2. Assignee filing new power of attorney: “If the applicant signed the original power of attorney, and an assignee of the entire interest of the applicant later takes action and files a new power of attorney, the original power of attorney is revoked and replaced by the power of attorney filed by the assignee.”
  3. Change in Customer Number: “If a power of attorney is given to the practitioners associated with a Customer Number, and a (second) power of attorney is later received giving power of attorney to patent practitioners associated with a different Customer Number, the second power of attorney will be processed, with the first Customer Number being replaced with the second.”

In all these cases, the most recently filed power of attorney will control, effectively revoking or replacing the previous ones.

To learn more:

How do I update the list of practitioners associated with a Customer Number?

To update the list of practitioners associated with a Customer Number, follow these steps:

  1. Complete the Change of Correspondence Address Form (PTO/SB/122)
  2. Provide the Customer Number and the updated list of registered practitioners
  3. Submit the form to the USPTO

The MPEP 403 specifies:

‘A request to change the correspondence address or list of registered practitioners associated with a Customer Number must be made in writing.’

It’s important to note that:

  • Only registered practitioners can be added to a Customer Number
  • Changes will affect all applications associated with the Customer Number
  • The USPTO recommends using the online Electronic Business Center (EBC) for faster processing

Keeping the practitioner list up-to-date ensures proper communication and representation for all linked patent applications.

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

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

How can I change the correspondence address for multiple patent applications?

Changing the correspondence address for multiple patent applications can be efficiently done using the USPTO’s Customer Number practice. Here’s how:

  1. Obtain a customer number if you don’t already have one.
  2. Associate your patent applications with the customer number.
  3. Update the address linked to the customer number.

The MPEP explains:

A Customer Number may be used to: … (2) change the correspondence address, fee address, or list of practitioners of record for a plurality of applications or patents through a single request. (MPEP 403)

This process eliminates the need to file separate change of address forms for each application, saving time and reducing the risk of errors. To make changes, use the USPTO’s Electronic Filing System (EFS-Web) or file a written request with the USPTO.

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

How can a practitioner become of record in a patent application filed on or after September 16, 2012?

A practitioner can become of record in a patent application filed on or after September 16, 2012, through the following methods:

  • Filing an Application Data Sheet (ADS) that names the practitioner as the representative
  • Filing a power of attorney (POA) signed by the applicant
  • Filing a patent application transmittal letter signed by the applicant and naming the practitioner as a representative
  • Being named as the representative in the oath or declaration

As stated in 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 allows for easier management of multiple practitioners associated with a single customer number.

To learn more:

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:

Can a Customer Number be used for multiple patent applications?

Yes, a Customer Number can be used for multiple patent applications. This is one of the primary benefits of the Customer Number system. The MPEP 403 states:

‘The Customer Number practice permits applicants, attorneys, and agents of record to change their correspondence address for a number of applications with one request.’

This means that:

  • A single Customer Number can be associated with multiple patent applications
  • Changes to the correspondence address or list of registered practitioners can be made once and applied to all linked applications
  • It simplifies portfolio management for applicants and law firms handling multiple patents

Using a Customer Number for multiple applications streamlines communication with the USPTO and helps ensure consistent handling of related patent matters.

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

Patent Procedure (23)

What is the significance of a customer number in USPTO correspondence?

A customer number is a crucial tool for managing correspondence with the USPTO. According to MPEP 403:

‘A customer number allows an applicant, attorney or agent to easily change the correspondence address for a number of applications or patents by simply requesting a change to the address associated with the customer number.’

Key benefits of using a customer number include:

  • Streamlined correspondence management for multiple applications
  • Easy updates to address information
  • Efficient access to application information through USPTO systems

By using a customer number, patent professionals can significantly simplify their administrative processes when dealing with the USPTO.

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

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

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:

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:

What is the purpose of a Customer Number in USPTO correspondence?

A Customer Number is a unique identifier assigned by the USPTO to simplify and streamline patent correspondence. According to the MPEP 403, ‘The Customer Number practice permits applicants, attorneys, and agents of record to change their correspondence address for a number of applications with one request.’ This system allows for:

  • Easy updates to correspondence addresses for multiple applications
  • Efficient management of power of attorney
  • Simplified access to private PAIR (Patent Application Information Retrieval) for registered practitioners

By using a Customer Number, patent applicants and their representatives can more effectively manage their patent portfolios and communications with the USPTO.

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

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

A power of attorney and a customer number serve different purposes in patent applications:

  • Power of Attorney: This is a legal document that gives an attorney or agent the authority to act on behalf of the applicant or assignee in matters before the USPTO.
  • Customer Number: This is a unique identifier assigned by the USPTO to allow for easier management of multiple patent applications.

According to MPEP 601.02: “A power of attorney may be supplied with a customer number so that the power of attorney will be effective in all existing and future patent applications or patent matters associated with that customer number.” This means that a customer number can be used in conjunction with a power of attorney to streamline the process of managing multiple applications.

To learn more:

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)).”

What is the Customer Number practice at the USPTO for patent applications?

The Customer Number practice at the USPTO is a system that simplifies the process of managing correspondence addresses for patent applicants and practitioners. Key aspects of this practice include:

  • A Customer Number is a unique identifier assigned by the USPTO to a specific address.
  • It allows for easy updating of correspondence information for multiple applications.
  • Customer Numbers can be associated with Power of Attorney forms.

According to MPEP 403.01(a): ‘The Customer Number practice permits a patent applicant, assignee or practitioner of record to change the correspondence address for a number of applications or patents with one change of address filed in one location.’

To use the Customer Number practice:

  1. Request a Customer Number from the USPTO using the Customer Number Request form (PTO/SB/125A).
  2. Associate the Customer Number with your applications using the appropriate forms or through the USPTO’s electronic filing system.
  3. Update your correspondence address by modifying the Customer Number information, which will automatically update all associated applications.

This practice significantly streamlines the process of managing correspondence for multiple patent applications, making it easier for applicants and practitioners to maintain up-to-date contact information with the USPTO.

To learn more:

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.

A customer number is a unique identifier assigned by the USPTO to simplify patent correspondence. According to MPEP 403:

‘A customer number allows a patent applicant, patent owner, or assignee to designate a single correspondence address for all applications and patents associated with that customer number.’

Benefits of using a customer number include:

  • Easier management of correspondence addresses for multiple applications
  • Simplified process for changing the address or representative for all linked applications
  • Improved efficiency in USPTO communications

To obtain a customer number, you need to file a request with the USPTO using the appropriate form.

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

For more information on patent correspondence, visit: patent correspondence.

For more information on USPTO, visit: USPTO.

For unpublished patent applications, access to information is more restricted and typically limited to the applicant or their registered representative. Here’s what you need to know:

  • Unpublished application information is available through Private PAIR.
  • You must associate a Customer Number with your application to access this information.
  • If you’re not the applicant or authorized representative, access may be restricted due to confidentiality rules.

The MPEP states: In private PAIR, an applicant (or applicant’s registered patent attorney or registered patent agent) can securely track the progress of applicant’s application(s) through the USPTO. Private PAIR makes available information relating to unpublished patent applications, but the applicant must associate a Customer Number with the application to obtain access. (MPEP 203.08)

For more information on Customer Number practice, refer to MPEP ยง 403.

To learn more:

When a new power of attorney is filed, it generally revokes all prior powers of attorney. MPEP 402.05(a) provides several scenarios:

  • If a new power of attorney is filed without explicitly revoking prior ones, it will be treated as a revocation of the original power of attorney.
  • If an assignee files a new power of attorney, it revokes and replaces the original power of attorney filed by the applicant.
  • If a power of attorney is given to practitioners associated with a Customer Number, and a second power of attorney is later received for a different Customer Number, the second one will replace the first.

The MPEP states:

In all of these situations, the most recently filed power of attorney will control.

This means that the latest power of attorney filed will take precedence over any previously filed ones.

To learn more:

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:

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 multiple correspondence addresses are provided, the USPTO has a specific process for selection. According to 37 CFR 1.33(a):

“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.”

This means that the USPTO will choose one address for all official communications, with a preference for Customer Number addresses if provided. Applicants should be aware of this to ensure they provide the most appropriate address for correspondence.

To learn more:

When multiple correspondence addresses are specified in a single document, the USPTO has a specific procedure for selecting which address to use. According to MPEP 601.03(b):

“If more than one correspondence address is specified in a single document, the Office will select one of the specified addresses for use as the correspondence address and, if given, will select the address associated with a Customer Number over a typed correspondence address.”

This means that if you provide multiple addresses, the USPTO will choose one, giving preference to a Customer Number address over a typed address. To avoid confusion, it’s best to clearly specify only one correspondence address in your patent application documents.

To learn more:

How does the USPTO handle correspondence when there’s a conflict between customer number and application data sheet?

When there’s a conflict between the correspondence address provided in a customer number and an application data sheet (ADS), the USPTO follows specific rules:

  1. The correspondence address in the ADS takes precedence if filed with the initial application papers.
  2. A customer number provided in a single paper with a clear power of attorney overrides the ADS.
  3. If no power of attorney is filed, the correspondence address in the ADS is used.

The MPEP states:

Where an applicant provides a correspondence address in an application data sheet (ADS) that is different from the address associated with a customer number provided in a single paper (e.g., in a power of attorney or inventor’s oath or declaration), the address in the ADS will be the correspondence address of record. (MPEP 403)

It’s crucial to ensure consistency in your filings to avoid confusion. If you need to change the correspondence address after filing, you should submit a separate change of address request or update your customer number information.

For more information on application data sheet, visit: application data sheet.

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

For more information on USPTO, visit: USPTO.

In pre-2012 patent applications, filing a new power of attorney can have significant effects on existing powers of attorney. MPEP 402.05(b) outlines several scenarios:

  1. New power of attorney without explicit revocation: “When an original power of attorney is filed giving power of attorney to attorneys A, B, and C, and the same principal subsequently files another power of attorney, giving power of attorney to D without revoking all prior powers of attorney, the subsequently filed power of attorney will be treated as a revocation of the original power of attorney.”
  2. Assignee filing new power of attorney: “If the applicant signed the original power of attorney, and an assignee of the entire interest of the applicant later takes action and files a new power of attorney, the original power of attorney is revoked and replaced by the power of attorney filed by the assignee.”
  3. Change in Customer Number: “If a power of attorney is given to the practitioners associated with a Customer Number, and a (second) power of attorney is later received giving power of attorney to patent practitioners associated with a different Customer Number, the second power of attorney will be processed, with the first Customer Number being replaced with the second.”

In all these cases, the most recently filed power of attorney will control, effectively revoking or replacing the previous ones.

To learn more:

How do I update the list of practitioners associated with a Customer Number?

To update the list of practitioners associated with a Customer Number, follow these steps:

  1. Complete the Change of Correspondence Address Form (PTO/SB/122)
  2. Provide the Customer Number and the updated list of registered practitioners
  3. Submit the form to the USPTO

The MPEP 403 specifies:

‘A request to change the correspondence address or list of registered practitioners associated with a Customer Number must be made in writing.’

It’s important to note that:

  • Only registered practitioners can be added to a Customer Number
  • Changes will affect all applications associated with the Customer Number
  • The USPTO recommends using the online Electronic Business Center (EBC) for faster processing

Keeping the practitioner list up-to-date ensures proper communication and representation for all linked patent applications.

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

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

How can I change the correspondence address for multiple patent applications?

Changing the correspondence address for multiple patent applications can be efficiently done using the USPTO’s Customer Number practice. Here’s how:

  1. Obtain a customer number if you don’t already have one.
  2. Associate your patent applications with the customer number.
  3. Update the address linked to the customer number.

The MPEP explains:

A Customer Number may be used to: … (2) change the correspondence address, fee address, or list of practitioners of record for a plurality of applications or patents through a single request. (MPEP 403)

This process eliminates the need to file separate change of address forms for each application, saving time and reducing the risk of errors. To make changes, use the USPTO’s Electronic Filing System (EFS-Web) or file a written request with the USPTO.

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

How can a practitioner become of record in a patent application filed on or after September 16, 2012?

A practitioner can become of record in a patent application filed on or after September 16, 2012, through the following methods:

  • Filing an Application Data Sheet (ADS) that names the practitioner as the representative
  • Filing a power of attorney (POA) signed by the applicant
  • Filing a patent application transmittal letter signed by the applicant and naming the practitioner as a representative
  • Being named as the representative in the oath or declaration

As stated in 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 allows for easier management of multiple practitioners associated with a single customer number.

To learn more:

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:

Can a Customer Number be used for multiple patent applications?

Yes, a Customer Number can be used for multiple patent applications. This is one of the primary benefits of the Customer Number system. The MPEP 403 states:

‘The Customer Number practice permits applicants, attorneys, and agents of record to change their correspondence address for a number of applications with one request.’

This means that:

  • A single Customer Number can be associated with multiple patent applications
  • Changes to the correspondence address or list of registered practitioners can be made once and applied to all linked applications
  • It simplifies portfolio management for applicants and law firms handling multiple patents

Using a Customer Number for multiple applications streamlines communication with the USPTO and helps ensure consistent handling of related patent matters.

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