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Patent Law FAQ

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

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Here’s the complete FAQ:

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How is double correspondence handled in patent applications?

The USPTO generally does not engage in double correspondence with applicants and their representatives. Specifically:

  • The Office will not correspond with both an applicant and their attorney/agent.
  • The Office will not correspond with more than one attorney/agent.
  • If double correspondence is attempted, the examiner will include form paragraph 4.01 in the next Office action.

According to MPEP 403: “Double correspondence with an applicant and their attorney, or with two representatives, will not be undertaken. See MPEP §§ 403.01(a), 403.01(b), 403.02, and 714.01(d).”

Form paragraph 4.01 states: “Applicant has appointed an attorney or agent to conduct all business before the Patent and Trademark Office. Double correspondence with an applicant and applicant’s attorney or agent will not be undertaken. Accordingly, applicant is required to conduct all future correspondence with this Office through the attorney or agent of record. See 37 CFR 1.33.”

Topics: MPEP 400 - Representative of Applicant or Owner, MPEP 403 - Correspondence — With Whom Held; Customer Number Practice, Patent Law, Patent Procedure
Tags: Double Correspondence, international patent applications, patent agents, Patent Attorney Input, USPTO communication
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