37 C.F.R. 1.646, Service of papers, proof of service.

This document contains one section of Chapter 37 of the Code of Federal Regulations. This page was last updated in May, 1998. You may return to the main 37 CFR Index, or to the index for one of the follow parts:

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1.646 Service of papers, proof of service.

(a)

A copy of every paper filed in the Patent and Trademark Office in an interference or an application or patent involved in the interference shall be served upon all other parties except:

(1)

Preliminary statements when filed under 1.621; preliminary statements shall be served when service is ordered by an administrative patent judge.

(2)

Certified transcripts and exhibits which accompany the transcripts filed under 1.676; copies of transcripts shall be served as part of a party's record under 1.653(c).

(b)

Service shall be on an attorney or agent for a party. If there is no attorney or agent for the party, service shall be on the party. An administrative patent judge may order additional service or waive service where appropriate.

(c)

Unless otherwise ordered by an administrative patent judge, or except as otherwise provided by this subpart, service of a paper shall be made as follows:

(1)

By handing a copy of the paper or causing a copy of the paper to be handed to the person served.

(2)

By leaving a copy of the paper with someone employed by the person at the person's usual place of business.

(3)

When the person served has no usual place of business, by leaving a copy of the paper at the person's residence with someone of suitable age and discretion then residing therein.

(4)

By mailing a copy of the paper by first class mail; when service is by first class mail the date of mailing is regarded as the date of service.

(5)

By mailing a copy of the paper by Express Mail; when service is by Express Mail the date of deposit with the U.S. Postal Service is regarded as the date of service.

(6)

When it is shown to the satisfaction of an administrative patent judge that none of the above methods of obtaining or serving the copy of the paper was successful, the administrative patent judge may order service by publication of an appropriate notice in the Official Gazette.

(d)

An administrative patent judge may order that a paper be served by hand or Express Mail.

(e)

The due date for serving a paper is the same as the due date for filing the paper in the Patent and Trademark Office. Proof of service must be made before a paper will be considered in an interference. Proof of service may appear on or be affixed to the paper. Proof of service shall include the date and manner of service. In the case of personal service under paragraphs (c)(1) through (c)(3) of this section, proof of service shall include the names of any person served and the person who made the service. Proof of service may be made by an acknowledgment of service by or on behalf of the person served or a statement signed by the party or the party's attorney or agent containing the information required by this section. A statement of an attorney or agent attached to, or appearing in, the paper stating the date and manner of service will be accepted as prima facie proof of service.

[49 FR 48416, Dec. 12, 1984, added effective Feb. 11,1985; 50 FR 23124, May 31, 1985; paras. (a)(1)-(c)(1), (c)(4)-(c)(5) revised, para. (c)(6) added, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]

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