How can a patent owner designate a new attorney or agent to receive correspondence?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

If a patent owner wants a different attorney or agent to receive correspondence, they must file a new power of attorney with the USPTO. The MPEP 2222 states:

“If the patent owner desires that a different attorney or agent receive correspondence, then a new power of attorney must be filed.”

For reexamination proceedings, patent owners can use Form PTO/AIA/81B, which is titled “Reexamination or Supplemental Examination – Patent Owner Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address for Reexamination or Supplemental Examination and Patent.”

When submitting a new power of attorney, it’s important to follow the proper mailing procedures outlined in MPEP 2222, using the appropriate Mail Stop depending on whether the patent is under reexamination or not.

For information on establishing an assignee’s right to take action when submitting a power of attorney, refer to MPEP § 324.

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents MPEP 2222 - Address Of Patent Owner Patent Law Patent Procedure
Tags: Correspondence General