[Patentpractice] Seems one now has to beg repeatedly to get a POA/Correspondence Change

Wed Mar 12 20:05:57 UTC 2025

Same here.  It was ten years ago, but same thing.  About 2/3 hit, 1/3
miss.  Just resubmit resubmit resubmit.  I think the last one took four
tries.   Don't try to fix anything.  There's nothing wrong (at least
nothing wrong with your papers).  Just resubmit.

On Wed, Mar 12, 2025 at 3:13 PM Judith S via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> The most frustrating thing about the POA issue is that it seems to be
> random. When I started my own firm I filed many POA changes, and about half
> got accepted and half got rejected. They were all substantially identical
> (inventor assigned to company, and we submitted a 3.73 form with the
> assignment chain and the POA). There was zero rhyme or reason for what was
> accepted and what was denied.  Calling EBC just got "resubmit it" as the
> solution.  So we just automatically resubmitted with the same information,
> and hoped that the next iteration went through. They all did, after one or
> two tries.
>
> Judith
>
> On Wed, Mar 12, 2025 at 11:04 AM Timothy Snowden via Patentpractice <
> patentpractice at oppedahl-lists.com> wrote:
>
>> Yep. I just started my own firm and had that multiple times. I had
>> several POAs rejected because it was 'changing the assignee' ... and the
>> applicant was the sole inventor.
>> On 3/12/2025 12:58 PM, Suzannah K. Sundby via Patentpractice wrote:
>>
>> Yes, of course.
>>
>>
>>
>> Note, essentially the same was filed in related case, which was accepted
>> in the related case.
>>
>>
>>
>> Suzannah K. Sundby <http://www.linkedin.com/in/ssundby/> *|* Partner
>>
>> *canady + lortz** LLP* <http://www.canadylortz.com/>
>>
>> 1050 30th Street, NW
>>
>> Washington, DC 20007
>>
>> T: 202.486.8020
>>
>> F: 202.540.8020
>>
>> suzannah at canadylortz.com
>>
>> www.canadylortz.com
>>
>> Confidentiality Notice:  This message is being sent by or on behalf of a
>> lawyer.  It is intended exclusively for the individual or entity to
>> which it is addressed.  This communication may contain information that
>> is proprietary, privileged or confidential, or otherwise legally exempt
>> from disclosure.  If you are not the named addressee, you may not read,
>> print, retain, copy, or disseminate this message or any part.  If you
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>>
>>
>> *From:* Randall Svihla <rsvihla at nsiplaw.com> <rsvihla at nsiplaw.com>
>> *Sent:* Wednesday, March 12, 2025 1:57 PM
>> *To:* For patent practitioners. This is not for laypersons to seek legal
>> advice. <patentpractice at oppedahl-lists.com>
>> <patentpractice at oppedahl-lists.com>
>> *Cc:* Suzannah K. Sundby <suzannah at canadylortz.com>
>> <suzannah at canadylortz.com>
>> *Subject:* RE: Seems one now has to beg repeatedly to get a
>> POA/Correspondence Change
>>
>>
>>
>> Hi, Suzannah
>>
>>
>>
>> Did you file a Statement Under 37 CFR 3.73(c) establishing the right of
>> the new assignee to take action in the application?
>>
>>
>>
>> Best regards,
>>
>>
>>
>> Randall S. Svihla
>>
>> NSIP Law
>>
>> Washington, D.C.
>>
>>
>>
>>
>>
>> *From:* Patentpractice <patentpractice-bounces at oppedahl-lists.com> *On
>> Behalf Of *Suzannah K. Sundby via Patentpractice
>> *Sent:* Wednesday, March 12, 2025 1:51 PM
>> *To:* patentpractice at oppedahl-lists.com
>> *Cc:* Suzannah K. Sundby <suzannah at canadylortz.com>
>> *Subject:* [Patentpractice] Seems one now has to beg repeatedly to get a
>> POA/Correspondence Change
>>
>>
>>
>> Venting:
>>
>>
>>
>> Sequence of events requesting change of applicant to new assignee + POA &
>> Correspondence Address Change:
>>
>> 8/8/2024          Mail Non-Final Rejection
>>
>> 2/4/2025          Filed Response, with EOT, Change of POA &
>> Correspondence (included changing the applicant to the new assignee thus
>> also included a corrected ADS)
>>
>> 2/10/2025        USPTO mailed Notice denying the POA/correspondence
>> change request.  Note: USPTO denial was improper.
>>
>> 2/10/2025        Refiled POA/correspondence change request presenting
>> same information differently
>>
>> 2/12/2025        USPTO mailed Notice of Informal or Non-Responsive
>> Amendment, claiming that it could not be entered/accepted since I did not
>> have POA (note, if the response filed February 4 was not entered, then the
>> application would technically be abandoned bc after 6 month date).  I
>> also called the USPTO to have them review/fix… but person said they
>> couldn’t really help except have someone review the change request papers.
>>
>> 2/14/2025        So, I filed a response to the BOGUS/IMPROPER Notice
>> telling them that a formal acceptance of a POA form is not necessary, as my
>> signature itself indicates that I am duly authorized to make the submission.
>> I again point out that I filed a proper change request, but filed again
>> presenting the same requisite information for the POA/correspondence change
>> request in a different format.
>>
>> 2/20/2025        USPTO denied entry of the POA/correspondence change
>> request.
>>
>> 2/26/2025        Notice of Allowance mailed, but USPTO still did not
>> accept the POA/correspondence change request.
>>
>> 3/5/2025          I refiled the POA/correspondence change request again
>> presenting the same information in a different format.
>>
>> 3/6/2025          Corrected Filing Receipt mailed that finally updated
>> the applicant to the new assignee.
>>
>> 3/11/2025        USPTO finally accepted and entered the POA BUT DID NOT
>> update change the new correspondence address.
>>
>>
>>
>>
>>
>> So, I just filed a paper titled “Request for Change of Correspondence”
>> stating:
>>
>>
>>
>> The undersigned respectfully requests Supervisory review and processing
>> of its last change request, *i.e*., Change of Power of Attorney and
>> Correspondence Address, that was filed March 5, 2025.
>>
>> The undersigned is *begging* whomever is reading the instant Request to
>> please properly process its last change request, *i.e*., Change of Power
>> of Attorney (POA) and Correspondence Address, that was filed March 5, 2025.
>>
>> The undersigned has filed multiple POA and correspondence change requests
>> in the instant application, which each followed the requisite rules, yet
>> were erroneously denied acceptance.  As such, the undersigned ‘played
>> the game’ and resubmitted numerous times presenting the requisite
>> information in various ways.  As of today, the POA has been accepted,
>> but the correspondence address has not been updated.
>>
>> It is noted that the undersigned has been using the same form for over 10
>> years, which form a USPTO person in the Office of Initial Patent
>> Examination Department instructed was the best/preferred way to indicate
>> the correspondence address change (to prevent confusion by the USPTO when
>> processing).  That is, the POA form that was submitted on March 5, 2025
>> request that the correspondence is changed to the above indicated Customer
>> Number as follows:
>>
>> [Excerpt]
>>
>> Please, I beg you to properly change the correspondence address of the
>> instant application to the Customer Number indicated above—as was requested
>> on the many previously filed requests, including the Change of POA form
>> that was filed on March 5, 2025 *which was accepted and entered*.
>>
>>
>>
>> Fingers crossed.
>>
>>
>>
>> Please pray for me and my sanity.
>>
>>
>>
>> Suzannah K. Sundby <http://www.linkedin.com/in/ssundby/> *|* Partner
>>
>> *canady + lortz** LLP* <http://www.canadylortz.com/>
>>
>> 1050 30th Street, NW
>>
>> Washington, DC 20007
>>
>> T: 202.486.8020
>>
>> F: 202.540.8020
>>
>> suzannah at canadylortz.com
>>
>> www.canadylortz.com
>>
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>>
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