2912 Correspondence in Respect of International Design Applications Filed With the USPTO as an Office of Indirect Filing [R-01.2024]
37 CFR 1.1042 Correspondence respecting international design applications filed with the Office as an office of indirect filing.
The applicant may specify a correspondence address for correspondence sent by the Office as an office of indirect filing. Where no such address has been specified, the Office will use as the correspondence address the address of applicant’s appointed representative (§ 1.1041) or, where no representative is appointed, the address as specified in Administrative Instruction 302.
Pursuant to 37 CFR 1.1042, the applicant may specify a correspondence address for correspondence sent by the USPTO as an office of indirect filing. The official form (DM/1 form) used for filing an international design application includes items for specifying an address to be used for correspondence sent by the International Bureau. See MPEP § 2909.01. Applicants may specify a different address than specified on the DM/1 form for the purpose of correspondence sent by the USPTO as an office of indirect filing. Where no such address has been specified, the Office will use as the correspondence address of applicant’s appointed representative. See 37 CFR 1.1041. Where no correspondence information is included in the submission, or the correspondence information was not made in accordance with the applicable regulations, the Office may use application data furnished through the USPTO patent electronic filing system for purposes of correspondence until corrected by the applicant. For example, the Office may use the correspondence address associated with a customer number entered through the USPTO patent electronic filing system rather than an address furnished in an unsigned paper in the new application submission. See MPEP § 502.05, subsection I.B.5.