How does the USPTO handle correspondence when there’s a conflict between customer number and application data sheet?

How does the USPTO handle correspondence when there’s a conflict between customer number and application data sheet?

When there’s a conflict between the correspondence address provided in a customer number and an application data sheet (ADS), the USPTO follows specific rules:

  1. The correspondence address in the ADS takes precedence if filed with the initial application papers.
  2. A customer number provided in a single paper with a clear power of attorney overrides the ADS.
  3. If no power of attorney is filed, the correspondence address in the ADS is used.

The MPEP states:

Where an applicant provides a correspondence address in an application data sheet (ADS) that is different from the address associated with a customer number provided in a single paper (e.g., in a power of attorney or inventor’s oath or declaration), the address in the ADS will be the correspondence address of record. (MPEP 403)

It’s crucial to ensure consistency in your filings to avoid confusion. If you need to change the correspondence address after filing, you should submit a separate change of address request or update your customer number information.

For more information on application data sheet, visit: application data sheet.

For more information on Customer Number, visit: Customer Number.

For more information on USPTO, visit: USPTO.

Topics: MPEP 400 - Representative of Applicant or Owner, MPEP 403 - Correspondence — With Whom Held; Customer Number Practice, Patent Law, Patent Procedure
Tags: application data sheet, Customer Number, USPTO