How is correspondence handled when multiple parties are prosecuting a patent application?
When multiple parties are prosecuting a patent application, the USPTO has specific procedures for handling correspondence. The MPEP states:
“Double correspondence will still not be permitted. Accordingly, when the acceptance of such papers results in an attorney or agent and at least one applicant or owner prosecuting the application, correspondence will be mailed to the attorney or agent.”
Furthermore, when multiple attorneys or agents are involved:
“When the acceptance of such papers results in more than one attorney or agent prosecuting the application, the correspondence address will continue to be that of the attorney or agent first named in the application, unless all parties agree to a different correspondence address.”
Key points to remember:
- Correspondence is typically sent to the attorney or agent if one is involved.
- If multiple attorneys are prosecuting, the first-named attorney receives correspondence unless otherwise agreed.
- Each attorney or agent must indicate whom they represent in subsequent papers.
- All parties involved must sign replies to the USPTO.
To learn more: