---
kind: "section"
citation: "37 C.F.R. § 11.42"
title: "37"
number: "11.42"
heading: "Service of papers."
url: "https://uscodex.org/cfr/37/11.42"
---

# §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)](/cfr/37/11.40.md?p=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 for 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.

## Notes

### 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]