Who can sign a submission requesting a change of correspondence address in a supplemental examination?

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.

A submission requesting a change of correspondence address in a supplemental examination can be signed by:

  • All of the patent owners (see MPEP § 2803)
  • The registered attorney or agent of record in the file of the patent under supplemental examination

Additionally, for applications filed on or after September 12, 2012, the MPEP states:

“If the application which became the patent under supplemental examination was filed on or after September 12, 2012, a patent practitioner acting in a representative capacity whose correspondence address is the correspondence address of record in the file of the patent under supplemental examination may file a change of correspondence address, provided that the change of correspondence address is accompanied by a statement in accordance with 37 CFR 1.33(g).”

This provision allows for more flexibility in changing the correspondence address for more recent patent applications.

Topics: MPEP 2800 - Supplemental Examination MPEP 2805 - Correspondence With Patent Owner; Patent Owner Address Patent Law Patent Procedure
Tags: Correspondence Address, patent owner, patent practitioner, registered attorney, supplemental examination