What are the consequences of submitting unauthorized correspondence to the USPTO for patent applications filed after September 16, 2012?

Submitting unauthorized correspondence to the USPTO for patent applications filed after September 16, 2012, can have serious consequences:

  • The correspondence may be returned or not entered into the application
  • It could cause delays in the processing of the application
  • Important deadlines might be missed, potentially leading to abandonment of the application
  • There may be additional fees or costs to rectify the situation

The USPTO has strict rules about who can correspond on behalf of applicants. According to MPEP 403.01(a):

Pursuant to 37 CFR 1.33(a), if an applicant includes more than one correspondence address (37 CFR 1.33(a) ) in a patent application, the Office will select one of the specified addresses for use as the correspondence address and, if given, may select the address associated with a Customer Number over a typed correspondence address.

To avoid these issues, ensure that all correspondence is submitted by authorized individuals or entities as specified in the MPEP and relevant USPTO regulations.

To learn more:

Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: Consequences, Unauthorized Correspondence, USPTO