Can a domestic representative be changed after initial designation?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, a domestic representative can be changed after the initial designation. While MPEP 302.04 doesn’t explicitly address changing a domestic representative, it states that the designation is made by a written document signed by such assignee. This implies that a new written document can be submitted to change the designation. To change a domestic representative, follow the same process as the initial designation:

• Prepare a new written document clearly labeled ‘Change of Domestic Representative’
• Include the new representative’s name and address
• Submit the document separately from other filings
• Ensure it’s signed in accordance with 37 CFR 1.33(b)

It’s advisable to explicitly state that this new designation supersedes any previous designations to avoid confusion.