Who can change the correspondence address in a pre-AIA patent application?

The ability to change the correspondence address in a pre-AIA patent application depends on whether a 37 CFR 1.63 oath or declaration has been filed:

• If no oath or declaration has been filed, the correspondence address can be changed by:
  • The party who filed the application
  • Any patent practitioner named in the transmittal papers
  • A party that will be the assignee who filed the application
• If an oath or declaration has been filed, the correspondence address can be changed by the parties set forth in pre-AIA 37 CFR 1.33(b), except for paragraph (b)(2)

As stated in MPEP 403.01(b): Pre-AIA 37 CFR 1.33(a)(1) provides that any party filing the application and setting forth a correspondence address could later change the correspondence address provided that a pre-AIA 37 CFR 1.63 oath/declaration by any of the inventors has not been submitted.

To learn more:

• correspondence address
• pre-AIA applications
• change of address
• patent procedure