The purpose of 37 CFR 1.33(a) is to allow the applicant to provide more than one correspondence address. If an applicant provides more than one address, the Office will select one of those addresses. For example, the Office may choose the correspondence address associated with a Customer Number. The application data sheet must identify the correspondence address.
The patent practitioner of record must also be listed in the transmittal papers. This patent practitioner is the agent under 37 CFR 1.42 and will act as an agent under 37 CFR 1.33. Alternatively, the applicant may designate a power of attorney, which enables a patent practitioner to act as the agent of the patentee.
If the applicant is unable to appear in person, the applicant may use the form PTO/AIA/82. This form consists of three pages. It includes the transmittal page, which indicates the application number, the filing date, and the name of the first named inventor. It must also be signed by the proper 37 CFR 1.33(b) party. The transmittal page must also include part B, which is the power of attorney. It may specify the address of the applicant’s attorney for correspondence.
The power of attorney must be signed by the person submitting the petition, as well as all owners and applicants. If less than all applicants or owners sign the document, the power of attorney cannot be granted until the petition is approved. The power of attorney papers must be filed with the Office of Petitions. In addition to the power of attorney papers, the application must be filed under 37 CFR 1.17. A petition must be directed to the Office of Petitions.
As part of 37 CFR 1.33, the applicant must provide an address for correspondence from the U.S. Patent and Trademark Office. The address must be in a readily identifiable format. The Office will select a correspondence address for the applicant based on the address specified. The address must be listed in the transmittal papers of the application.
The applicant must be the individual who is applying for the patent. This person may be a legal entity, or a juristic entity. A power of attorney from the inventor would not be acceptable. Alternatively, the assignee or obligated assignee may appoint an effective power of attorney. The assignee or obligated assignee who is also an applicant must have a legal right to act on the applicant’s behalf.
Assignee status must be established before an application can be prosecuted. Whether a party is an assignee or not will determine whether the application is owned by the inventors. If an individual owns a portion of a patent, the parties must act as a composite entity for the purposes of patent prosecution.