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

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

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 General, Customer Number