How should the correspondence address be handled in continuation or divisional applications?
Special attention is required when dealing with the correspondence address in continuation or divisional applications. According to MPEP 601.03(b):
“Special care should be taken in continuation or divisional applications to ensure that any change of correspondence address in a prior application is reflected in the continuation or divisional application.”
The MPEP further explains that when a copy of the oath or declaration from the prior application is submitted for a continuation or divisional application filed under pre-AIA 37 CFR 1.53(b), and this copy designates an old correspondence address, the USPTO may not recognize the change of correspondence address made during the prosecution of the prior application.
To address this, the MPEP advises: “Applicant is required to identify the change of correspondence address in the continuation or divisional application to ensure that communications from the Office are mailed to the current correspondence address.”
To learn more:
- continuation application
- divisional application
- correspondence address
- prior application
- pre-AIA 37 CFR 1.53(b)
To learn more: