[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR1.33]

[Page 40-41]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 1--RULES OF PRACTICE IN PATENT CASES--Table of Contents
 
                Subpart B--National Processing Provisions
 
Sec. 1.33  Correspondence respecting patent applications, reexamination 
proceedings, and other proceedings.

    (a) Correspondence address and daytime telephone number. When filing 
an application, a correspondence address must be set forth in either an 
application data sheet (Sec. 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 Sec.Sec. 
1.76(b)(1) and 1.63(c)(2)) as the correspondence address. The Office 
will direct all notices, official letters, and other communications 
relating to the application to the correspondence address. The Office 
will not engage in double correspondence with an applicant and a 
registered attorney or agent, or with more than one registered attorney 
or agent except as deemed necessary by the Director. If more than one 
correspondence address is specified, the Office will establish one as 
the 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 a Sec. 1.63 oath or declaration by any of the 
inventors. If a Sec. 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 registered 
attorney or agent, any other registered practitioner named in the 
transmittal papers may also change the correspondence address. Thus, the 
inventor(s), any registered 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 Sec. 1.63 oath or declaration has been filed by any of 
the inventors. If a Sec. 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).
    (b) Amendments and other papers. Amendments and other papers, except

[[Page 41]]

for written assertions pursuant to Sec. 1.27(c)(2)(ii) of this part, 
filed in the application must be signed by:
    (1) A registered attorney or agent of record appointed in compliance 
with Sec. 1.34(b);
    (2) A registered attorney or agent not of record who acts in a 
representative capacity under the provisions of Sec. 1.34(a);
    (3) An assignee as provided for under Sec. 3.71(b) of this chapter; 
or
    (4) All of the applicants (Sec. 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 Sec. 3.71 of this chapter.
    (c) All notices, official letters, and other communications for the 
patent owner or owners in a reexamination proceeding will be directed to 
the attorney or agent of record (see Sec. 1.34(b)) in the patent file at 
the address listed on the register of patent attorneys and agents 
maintained pursuant to Sec.Sec. 10.5 and 10.11 or, if no attorney or 
agent is of record, to the patent owner or owners at the address or 
addresses of record. Amendments and other papers filed in a 
reexamination proceeding on behalf of the patent owner must be signed by 
the patent owner, or if there is more than one owner by all the owners, 
or by an attorney or agent of record in the patent file, or by a 
registered attorney or agent not of record who acts in a representative 
capacity under the provisions of Sec. 1.34(a). Double correspondence 
with the patent owner or owners and the patent owner's attorney or 
agent, or with more than one attorney or agent, will not be undertaken. 
If more than one attorney or agent is of record and a correspondence 
address has not been specified, correspondence will be held with the 
last attorney or agent made of record.
    (d) A ``correspondence address'' or change thereto may be filed with 
the Patent and Trademark Office during the enforceable life of the 
patent. The ``correspondence address'' will be used in any 
correspondence relating to maintenance fees unless a separate ``fee 
address'' has been specified. See Sec. 1.363 for ``fee address'' used 
solely for maintenance fee purposes.

[36 FR 12617, July 2, 1971, as amended at 46 FR 29181, May 29, 1981; 49 
FR 34724, Aug. 31, 1984; 50 FR 5171, Feb. 6, 1985; 62 FR 53184, Oct. 10, 
1997; 65 FR 54661, Sept. 8, 2000]