What should a third-party requester do if service of the reexamination request on the patent owner is not possible?
If a third-party requester is unable to serve the reexamination request on the patent owner despite reasonable efforts, they must take specific steps. According to MPEP 2220:
“If service was not possible after a reasonable effort to do so, a duplicate copy of the request papers must be supplied to the Office together with a cover letter including an explanation of what effort was made to effect service, and why that effort was not successful.“
To avoid potential issues, the MPEP advises: “To avoid the possibility of the Office erroneously charging a duplicate filing fee, requesters are strongly encouraged to clearly word the cover letter by stating, for example, in bold print in the heading ‘Duplicate Copy of Request Filed under 37 CFR 1.510(b)(5) When Service on the Patent Owner Was Not Possible.’“
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