How does filing a 37 CFR 1.63 oath or declaration affect the correspondence address in pre-AIA applications?

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.

The filing of a 37 CFR 1.63 oath or declaration in pre-AIA applications has significant implications for the correspondence address. According to MPEP 403.01(b):

Where a correspondence address was set forth or changed pursuant to pre-AIA 37 CFR 1.33(a)(1) (prior to the filing of a pre-AIA 37 CFR 1.63 oath or declaration), that correspondence address remains in effect upon filing of a pre-AIA 37 CFR 1.63 declaration and can then only be changed pursuant to pre-AIA 37 CFR 1.33(a)(2).

Key points:

• Filing an oath or declaration doesn’t automatically change the existing correspondence address
• After filing, the process for changing the address becomes more restricted
• The mere filing of an oath/declaration that doesn’t include a correspondence address doesn’t affect any previously established address

This rule ensures continuity in communication while shifting the authority for address changes as the application progresses.