What is constructive notice in patent reexamination proceedings?
Constructive notice in patent reexamination proceedings is a legal concept where the USPTO provides public notification about the reexamination process when direct communication with the patent owner is not possible. This ensures that the reexamination can proceed even if the patent owner cannot be reached.
According to MPEP 2230:
“If all efforts to correspond with the patent owner fail, the reexamination proceeding will proceed without actual notice to the patent owner. The publication in the Official Gazette… will serve as constructive notice to the patent owner in such an instance.”
This means that the USPTO fulfills its obligation to notify the patent owner by publishing the information in the Official Gazette, which is considered legally sufficient notice for the reexamination to continue.
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