How can I change the correspondence address in a patent application filed before September 16, 2012?

The process for changing the correspondence address in a patent application filed before September 16, 2012, depends on whether an oath or declaration has been filed:

• Before filing an oath or declaration: The correspondence address can be changed by the party who filed the application, including the inventor(s), any patent practitioner named in the transmittal papers, or the assignee who filed the application.
• After filing an oath or declaration: The correspondence address can be changed by a patent practitioner of record, an assignee as provided under pre-AIA 37 CFR 3.71(b), or all of the applicants, unless there’s an assignee of the entire interest who has taken action in the application.

As stated in MPEP 601.03(b): “Where a correspondence address has been established on filing of the application or changed pursuant to pre-AIA 37 CFR 1.33(a)(1) (prior to the filing of an executed oath or declaration under pre-AIA 37 CFR 1.63 by any of the inventors), that correspondence address remains in effect upon filing of an executed oath or declaration under pre-AIA 37 CFR 1.63 and can only be subsequently changed pursuant to pre-AIA 37 CFR 1.33(a)(2).”

To learn more:

• correspondence address
• patent application
• pre-AIA
• oath
• declaration
• patent practitioner