37 CFR 11.42: Service of papers

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

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11.42    Service of papers.

  • (a) All papers other than a complaint shall be served on a respondent who is represented by an attorney by:
    • (1) Delivering a copy of the paper to the office of the attorney; or
    • (2) Mailing a copy of the paper by first-class mail, Priority Mail Express®, or other delivery service to the attorney at the address provided by the attorney under § 11.40(a)(1); or
    • (3) Any other method mutually agreeable to the attorney and a representative for the OED Director.
  • (b) All papers other than a complaint shall be served on a respondent who is not represented by an attorney by:
    • (1) Delivering a copy of the paper to the respondent; or
    • (2) Mailing a copy of the paper by first-class mail, Priority Mail Express®, or other delivery service to the respondent at the address to which a complaint may be served or such other address as may be designated in writing by the respondent; or
    • (3) Any other method mutually agreeable to the respondent and a representative of the OED Director.
  • (c) A respondent shall serve on the representative for the OED Director one copy of each paper filed with the hearing officer or the OED Director. A paper may be served on the representative for the OED Director by:
    • (1) Delivering a copy of the paper to the representative; or
    • (2) Mailing a copy of the paper by first-class mail, Priority Mail Express®, or other delivery service to an address designated in writing by the representative; or
    • (3) Any other method mutually agreeable to the respondent and the representative.
  • (d) Each paper filed in a disciplinary proceeding shall contain therein a certificate of service indicating:
    • (1) The date on which service was made; and
    • (2) The method by which service was made.
  • (e) The hearing officer or the USPTO Director may require that a paper be served by hand or by Priority Mail Express®.
  • (f) Service by mail is completed when the paper mailed in the United States is placed into the custody of the U.S. Postal Service.
[Added, 73 FR 47650, Aug. 14, 2008, effective Sept. 15, 2008; revised, 79 FR 63036, Oct. 22, 2014, effective Oct. 22, 2014]