What is the order of priority for determining the correspondence address in a nonprovisional international design application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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.
The order of priority for determining the correspondence address in a nonprovisional international design application is established by 37 CFR 1.1066(a), which states:
“Unless the correspondence address is changed in accordance with § 1.33(a), the Office will use as the correspondence address in a nonprovisional international design application the address according to the following order:”
- The correspondence address under § 1.1042;
- The address of applicant’s representative identified in the publication of the international registration; and
- The address of the applicant identified in the publication of the international registration.
This hierarchical approach ensures that the most current and relevant address is used for USPTO communications regarding the application.
Topics:
MPEP 2900 - International Design Applications
MPEP 2920.03 - Correspondence Address
Patent Law
Patent Procedure