TMEP 609.02(a): Request to Change Correspondence Address Presumed

This is the October 2015 Edition of the TMEP

Previous: §609.02 | Next: §609.02(b)

609.02(a)    Request to Change Correspondence Address Presumed

The USPTO will construe the following as a written request to change the correspondence address:

  • (1) If a qualified practitioner transmits documents on behalf of an applicant or registrant who is not already represented by another qualified practitioner from a different firm, the USPTO will construe this as including a request to change the correspondence address to that of the practitioner (however, the filing of an “associate power of attorney” or similar document does not change the correspondence address); or
  • (2) If an applicant or registrant files a properly signed power of attorney (see TMEP §605.01) designating a qualified practitioner, the USPTO will change the correspondence address to that of the practitioner named in the power, even if the applicant or registrant does not file a separate request to change the address.

37 C.F.R. §§2.18(b)(3) and (4). In these two situations, the USPTO will change the correspondence address to the address of the new qualified practitioner. In all other situations, a written request to change the correspondence address, signed by the individual applicant or registrant, someone with legal authority to bind a juristic applicant or registrant (e.g., a corporate officer or general partner of a partnership), or the qualified practitioner of record, is required. 37 C.F.R. §§2.18(b)(2) and 2.193(e)(9)–2.193(e)(9)(ii). See TMEP §609.02(b) regarding the requirements for a written request to change the correspondence address.

See also TBMP §§117–117.08 for information about correspondence in Board proceedings.