How is correspondence handled when two patent practitioners are appointed for the same application?

When two patent practitioners are appointed for the same application:

  • If appointed simultaneously, the applicant should specify which address to use for correspondence.
  • If a second practitioner is added later, correspondence will be sent to the most recently provided correspondence address.
  • A new power of attorney appointing only the second practitioner effectively revokes the power of the first practitioner.

According to MPEP 403.02: “If the applicant simultaneously appoints two patent practitioners, applicant should indicate with whom correspondence is to be conducted by specifying a correspondence address. … If, after one patent practitioner is appointed, a second patent practitioner is later added by submission of a new power of attorney appointing both practitioners, correspondence will be mailed to the latest correspondence address of record. … Note that if the later-filed power of attorney only lists the second practitioner, the later-filed power of attorney serves as a revocation of the earlier-filed power of attorney, even without an express revocation of the power of the first patent practitioner.”

Topics: MPEP 400 - Representative of Applicant or Owner, MPEP 403 - Correspondence — With Whom Held; Customer Number Practice, Patent Law, Patent Procedure
Tags: Correspondence Address, international patent applications, power of attorney, suspended patent practitioners