How does the USPTO handle undelivered orders in inter partes reexamination?

The USPTO has a specific policy for handling undelivered orders in inter partes reexamination to ensure the process continues without unnecessary delays. According to MPEP 2654:

“Reexamination will proceed even if the order is returned undelivered. As pointed out in MPEP § 2630, the notice under 37 CFR 1.11(c) is constructive notice to the patent owner, and lack of response from the patent owner will not delay reexamination.”

This means:

• The reexamination process continues even if the order is not successfully delivered to the patent owner.
• The public notice provided under 37 CFR 1.11(c) serves as constructive notice to the patent owner.
• The patent owner’s lack of response due to non-receipt of the order will not halt or delay the reexamination proceedings.

This policy ensures that the reexamination process can proceed efficiently, even in cases where there might be issues with direct communication to the patent owner.

To learn more:

• undelivered orders
• inter partes reexamination
• USPTO procedures
• constructive notice
• patent owner