What happens if a designated domestic representative cannot be found?
If the designated domestic representative cannot be found or if no person has been designated, 35 U.S.C. 293 provides a solution:
If the person designated cannot be found at the address given in the last designation, or if no person has been designated, the United States District Court for the Eastern District of Virginia shall have jurisdiction and summons shall be served by publication or otherwise as the court directs.
This means that if the domestic representative is unreachable or non-existent, the U.S. District Court for the Eastern District of Virginia will handle the case and determine how to serve the summons. This ensures that legal proceedings can continue even if there are issues with the domestic representative.
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Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure