37 CFR 11.35: Service of complaint

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

Previous: §11.34 | Next: §11.36

11.35    Service of complaint.

  • (a) A complaint may be served on a respondent in any of the following methods:
    • (1) By delivering a copy of the complaint personally to the respondent, in which case the individual who gives the complaint to the respondent shall file an affidavit with the OED Director indicating the time and place the complaint was delivered to the respondent.
    • (2) By mailing a copy of the complaint by Priority Mail Express®, first-class mail, or any delivery service that provides ability to confirm delivery or attempted delivery to:
      • (i) A respondent who is a registered practitioner at the address provided to OED pursuant to § 11.11, or
      • (ii) A respondent who is not registered at the last address for the respondent known to the OED Director.
    • (3) By any method mutually agreeable to the OED Director and the respondent.
    • (4) In the case of a respondent who resides outside the United States, by sending a copy of the complaint by any delivery service that provides ability to confirm delivery or attempted delivery, to:
      • (i) A respondent who is a registered practitioner at the address provided to OED pursuant to § 11.11; or
      • (ii) A respondent who is not registered at the last address for the respondent known to the OED Director.
  • (b) If a copy of the complaint cannot be delivered to the respondent through any one of the procedures in paragraph (a) of this section, the OED Director shall serve the respondent by causing an appropriate notice to be published in the Official Gazette for two consecutive weeks, in which case, the time for filing an answer shall be thirty days from the second publication of the notice. Failure to timely file an answer will constitute an admission of the allegations in the complaint in accordance with paragraph (d) of § 11.36, and the hearing officer may enter an initial decision on default.
  • (c) If the respondent is known to the OED Director to be represented by an attorney under § 11.40(a), a copy of the complaint shall be served on the attorney in lieu of service on the respondent in the manner provided for in paragraph (a) or (b) of this section.
[Added, 73 FR 47650, Aug. 14, 2008, effective Sept. 15, 2008; paras. (a)(2)(ii) and (a)(4)(ii) revised, 78 FR 20180, Apr. 3, 2013, effective May 3, 2013; para. (a)(2) revised, 79 FR 63036, Oct. 22, 2014, effective Oct. 22, 2014]