---
kind: "section"
citation: "37 C.F.R. § 41.101"
title: "37"
number: "41.101"
heading: "Notice of proceeding."
url: "https://uscodex.org/cfr/37/41.101"
---

# §41.101. Notice of proceeding.

- (a) Notice of a contested case will be sent to every party to the proceeding. The entry of the notice initiates the proceeding.
- (b) When the Board is unable to provide actual notice of a contested case on a party through the correspondence address of record for the party, the Board may authorize other modes of notice, including:
  - (1) Sending notice to another address associated with the party, or
  - (2) Publishing the notice in the Official Gazette of the United States Patent and Trademark Office.

## Notes

### Authority

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29.

### Source

Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.