Current through September 30, 2024
Section 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 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.79 FR 63042, Oct. 22, 2014