§11.42. Service of papers.
37 C.F.R. § 11.42
All papers other than a complaint shall be served on a respondent who is represented by an attorney by:
Delivering a copy of the paper to the office of the attorney; or
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
Any other method mutually agreeable to the attorney and a representative for the OED Director.
All papers other than a complaint shall be served on a respondent who is not represented by an attorney by:
Delivering a copy of the paper to the respondent; or
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
Any other method mutually agreeable to the respondent and a representative for the OED Director.
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:
Delivering a copy of the paper to the representative; or
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
Any other method mutually agreeable to the respondent and the representative.
Each paper filed in a disciplinary proceeding shall contain therein a certificate of service indicating:
The date on which service was made; and
The method by which service was made.
The hearing officer or the USPTO Director may require that a paper be served by hand or by Priority Mail Express®.
Service by mail is completed when the paper mailed in the United States is placed into the custody of the U.S. Postal Service.
Notes, amendments, and revision history
Amendments
[79 FR 63042, Oct. 22, 2014]
Source
Source: 73 FR 47689, Aug. 14, 2008, unless otherwise noted.
Authority
Authority: 5 U.S.C. 500; 15 U.S.C. 1123; 35 U.S.C. 2(b)(2), 32, 41; Sec. 1, Pub. L. 113-227, 128 Stat. 2114.
Source
Source: 69 FR 35452, June 24, 2004, unless otherwise noted.
Amendments
[79 FR 63042, Oct. 22, 2014]