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.”