[Patentpractice] Clarification on POA and Statement Under 37 CFR 3.73(c)

[Michael Nye]

My apologies for reviving an old thread, but the USPTO does not allow
changes to applicant after an application issues since the applicant
identity ceases to be relevant. So what you need is a PoA from the new
owner and a 3.73 establishing the right of that new owner to take action
(which, as Erin notes, will require recording the name change). And Julie
is absolutely right - if the application were still pending, the AIA41 is
the best way to make sure the USPTO actually changes the applicant and that
you submit the required documents.

Best,
Michael

On Wed, Oct 15, 2025 at 6:45 PM Charlene L. Odom via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> They are Issued patents, so my plan was to file a 373 with name change and
> OA.
>
>
>
> With kind regards,
>
>
>
> *Charlene L. Odom*
>
> *​**​**​**​*
>
> Paralegal
>
>  |
>
> Intellectual Property
>
> P: (864) 282‑1172
>
> COdom at maynardnexsen.com
>
> 104 South Main Street
> Suite 900
>
> Greenville
>
> ,
>
> South Carolina
>
>
>
> 29601
>
> <https://www.maynardnexsen.com/>
>
>
>
>
>
>
>
>
> *From:* Randall Svihla <rsvihla at nsiplaw.com>
> *Sent:* Wednesday, October 15, 2025 6:42 PM
> *To:* For patent practitioners. This is not for laypersons to seek legal
> advice. <patentpractice at oppedahl-lists.com>
> *Cc:* Charlene L. Odom <COdom at maynardnexsen.com>
> *Subject:* RE: Clarification on POA and Statement Under 37 CFR 3.73(c)
>
>
>
> Are all of the cases pending applications?  You can't file a corrected ADS
> in a patented application.
>
>
>
>
>
> *From:* Patentpractice <patentpractice-bounces at oppedahl-lists.com> *On
> Behalf Of *Charlene L. Odom via Patentpractice
> *Sent:* Wednesday, October 15, 2025 4:15 PM
> *To:* patentpractice at oppedahl-lists.com
> *Cc:* Charlene L. Odom <COdom at maynardnexsen.com>
> *Subject:* [Patentpractice] Clarification on POA and Statement Under 37
> CFR 3.73(c)
>
>
>
> We have received files from a client that have been transferred to our
> firm. In order for us to be recognized as the attorney of record, we
> understand that a Power of Attorney (POA) must be filed. However, the
> client has since changed the name associated with these files. Through a
> name change with the Secretary of State.
>
>
>
> The USPTO has indicated that a Statement Under 37 CFR 3.73(c) is required
> to reflect this change. We would like to confirm whether a corrected
> Application Data Sheet (ADS) must also be submitted to reflect the updated
> applicant name, or if the 3.73(c) statement and POA—submitted under the
> current name—will be sufficient for recognition as attorney of record.
>
>
>
> With kind regards,
>
>
>
> *Charlene L. Odom*
>
> *​**​**​**​*
>
> Paralegal
>
>  |
>
> Intellectual Property
>
> P: (864) 282‑1172
>
> COdom at maynardnexsen.com
>
> 104 South Main Street
> Suite 900
>
> Greenville
>
> ,
>
> South Carolina
>
>
>
> 29601
>
> <https://www.maynardnexsen.com/>
>
>
>
>
>
>
>
>
>
>
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