1.33 (pre‑AIA) Correspondence respecting patent applications, reexamination proceedings, and other proceedings.
[Editor Note: The paragraphs below are applicable only to patent applications filed under 35 U.S.C. 111 (pre‑AIA) or 363 (pre‑AIA) before Sept. 16, 2012]
Correspondence address and daytime telephone
number. When filing an application, a correspondence
address must be set forth in either an application data sheet (§
1.76 ), or
elsewhere, in a clearly identifiable manner, in any paper submitted
with an application filing. If no correspondence address is
specified, the Office may treat the mailing address of the first
named inventor (if provided, see §§ 1.76(b)(1) and 1.63(c)(2) ) as the correspondence address.
The Office will direct, or otherwise make available, all notices,
official letters, and other communications relating to the
application to the person associated with the correspondence
address. For correspondence submitted via the Office’s electronic
filing system, however, an electronic acknowledgment receipt will
be sent to the submitter. The Office will generally not engage in
double correspondence with an applicant and a patent practitioner,
or with more than one patent practitioner except as deemed
necessary by the Director. If more than one correspondence address
is specified in a single document, the Office will select one of
the specified addresses for use as the correspondence address and,
if given, will select the address associated with a Customer Number
over a typed correspondence address. For the party to whom
correspondence is to be addressed, a daytime telephone number
should be supplied in a clearly identifiable manner and may be
changed by any party who may change the correspondence address. The
correspondence address may be changed as follows:
- (1) Prior to filing of § 1.63 oath or declaration by any of the inventors. If a § 1.63 oath or declaration has not been filed by any of the inventors, the correspondence address may be changed by the party who filed the application. If the application was filed by a patent practitioner, any other patent practitioner named in the transmittal papers may also change the correspondence address. Thus, the inventor(s), any patent practitioner named in the transmittal papers accompanying the original application, or a party that will be the assignee who filed the application, may change the correspondence address in that application under this paragraph.
- (2) Where a § 1.63 oath or declaration has been filed by any of the inventors. If a § 1.63 oath or declaration has been filed, or is filed concurrent with the filing of an application, by any of the inventors, the correspondence address may be changed by the parties set forth in paragraph (b) of this section, except for paragraph (b)(2).
Amendments and other papers.
Amendments and other papers, except for written
assertions pursuant to § 1.27(c)(2)(ii)
of this part, filed in the application must be signed by:
- (1) A patent practitioner of record appointed in compliance with § 1.32(b);
- (2) A patent practitioner not of record who acts in a representative capacity under the provisions of § 1.34;
- (3) An assignee as provided for under § 3.71(b) of this chapter; or
- (4) All of the applicants (§ 1.41(b) ) for patent, unless there is an assignee of the entire interest and such assignee has taken action in the application in accordance with § 3.71 of this chapter.