Correspondence with Patent Owner; Patent Owner Address
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USPTO MPEP › Chapter 2800 - Supplemental Examination › MPEP § 2805
Text
The correspondence address of record for the patent for
which supplemental examination is requested is the correct address for all notices,
official letters, and other communications for patent owners in supplemental examination
proceedings. This is consistent with reexamination practice.
See, e.g.,
37 CFR
1.33(c)
. For this reason, the correspondence address of record
in the file of the patent for which supplemental examination is
requested
will be utilized by the Office as the address of the patent owner when mailing any
communications in supplemental examination proceedings, and in any resulting
ex
parte
reexamination proceedings.
If the patent owner desires the Office to send correspondence
to a registered attorney or agent other than the attorney or agent of record in the file of
the patent for which reexamination is requested, then a new power of attorney must be filed
in
both
: 1) the file of the patent for which supplemental examination is
requested;
and
2) the file of the supplemental examination proceeding, or, if
reexamination is ordered, in the resulting
ex parte
reexamination
proceeding. Patent owners are strongly encouraged to use form PTO/AIA/81B when submitting a
power of attorney and/or change of correspondence address in a supplemental examination
proceeding or a reexamination proceeding.
After a request for supplemental examination has been filed,
and/or after any
ex parte
reexamination resulting from the supplemental
examination has been ordered, any submissions to the Office to change the power of attorney
or the correspondence address should be addressed as set forth in
MPEP §
2806
. Use of form PTO/AIA/81B is encouraged. If, however, the
supplemental examination proceeding and any resulting reexamination proceeding is no longer
pending, then such submissions should be addressed to Mail Stop Post Issue, Director of the
U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450
orney
or the correspondence address should be addressed as set forth in
MPEP §
2806
. Use of form PTO/AIA/81B is encouraged. If, however, the
supplemental examination proceeding and any resulting reexamination proceeding is no longer
pending, then such submissions should be addressed to Mail Stop Post Issue, Director of the
U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
A submission requesting a change of correspondence address
may be signed by all of the patent owners (see
MPEP §
2803
) or by the registered attorney or agent of record
in the file of the patent
under supplemental examination. 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)
.
Papers filed on behalf of patent owners must be signed by
the patent owners, by the registered attorney or agent of record in the patent file, or by
any registered attorney or agent acting in a representative capacity under
37 CFR
1.34
. See
MPEP § 2804
. Double correspondence with
the patent owner and the attorney or agent will not normally be undertaken by the
Office.
The following is a copy of form PTO/AIA/81B, which may be
used for changing a power of attorney and/or a correspondence address in a supplemental
examination proceeding and, if desired, simultaneously in the file of the patent.
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.