What happens if multiple correspondence addresses are specified in a pre-AIA patent application?
When multiple correspondence addresses are specified in a pre-AIA patent application, the USPTO follows a specific order to select which address to use. According to MPEP 403.01(b):
Where more than one correspondence address is specified, the Office will select one of the correspondence addresses for use as the correspondence address. This is intended to cover, for example, the situation where an application is submitted with multiple addresses, such as one correspondence address being given in the application transmittal letter, and a different one in an accompanying pre-AIA 37 CFR 1.63 oath or declaration, or other similar situations.
The order of selection is as follows:
- Application data sheet (ADS)
- Application transmittal
- Oath or declaration (unless power of attorney is more current)
- Power of attorney
Additionally, if multiple addresses are specified in a single document, the Office will prioritize the address associated with a Customer Number over a typed correspondence address.
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