TMEP 819.01(e): E-mail Address and Authorization for the USPTO to Send Correspondence by E-Mail

This is the October 2015 Edition of the TMEP

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819.01(e)    E-mail Address and Authorization for the USPTO to Send Correspondence by E-Mail

The application must include an e-mail address and an authorization for the USPTO to send correspondence by e-mail. 37 C.F.R. §2.22(a)(6). TEAS Plus will not accept transmission of an application that does not include this information.

If the application includes an e-mail address and an authorization for the USPTO to send correspondence by e-mail, no additional fee will be required if the e-mail address is amended to correct an inadvertent error in the address prior to correspondence from the USPTO being returned as undeliverable, as long as the amendment is filed through TEAS or entered by examiner’s amendment, or if the applicant changes the e-mail address via TEAS (see TMEP §609.02(b)).

The additional fee will be required if the applicant or the applicant’s qualified practitioner files a change of correspondence address, and the correspondence address change does not authorize e-mail correspondence. 37 C.F.R. §§2.6(a)(1)(v), 2.22(b)(2), (c); TMEP §819.02(a). The applicant cannot avoid paying the fee by subsequently agreeing to authorize e-mail correspondence.