Can a domestic representative be changed after initial designation?

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.

To learn more:

Topics: MPEP 300 - Ownership and Assignment, Patent Law, Patent Procedure
Tags: domestic representative, patent assignment, USPTO procedures