MPEP § 2230 — Constructive Notice to Patent Owner (Annotated Rules)
§2230 Constructive Notice to Patent Owner
This page consolidates and annotates all enforceable requirements under MPEP § 2230, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Constructive Notice to Patent Owner
This section addresses Constructive Notice to Patent Owner. Primary authority: 35 U.S.C. 302. Contains: 1 prohibition and 2 other statements.
Key Rules
Request by Patent Owner
In some instances, it may not be possible to deliver mail to the patent owner because no current address is available. 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 of (A) the notice of the filing of a request for reexamination filed under 35 U.S.C. 302, or (B) the notice of the ordering of reexamination at the initiative of the Director of the Office, will serve as constructive notice to the patent owner in such an instance.
In some instances, it may not be possible to deliver mail to the patent owner because no current address is available. 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 of (A) the notice of the filing of a request for reexamination filed under 35 U.S.C. 302, or (B) the notice of the ordering of reexamination at the initiative of the Director of the Office, will serve as constructive notice to the patent owner in such an instance.
In some instances, it may not be possible to deliver mail to the patent owner because no current address is available. 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 of (A) the notice of the filing of a request for reexamination filed under 35 U.S.C. 302, or (B) the notice of the ordering of reexamination at the initiative of the Director of the Office, will serve as constructive notice to the patent owner in such an instance.
Citations
| Primary topic | Citation |
|---|---|
| Request by Patent Owner | 35 U.S.C. § 302 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2230 — Constructive Notice to Patent Owner
Source: USPTO2230 Constructive Notice to Patent Owner [R-07.2015]
In some instances, it may not be possible to deliver mail to the patent owner because no current address is available. 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 of (A) the notice of the filing of a request for reexamination filed under 35 U.S.C. 302, or (B) the notice of the ordering of reexamination at the initiative of the Director of the Office, will serve as constructive notice to the patent owner in such an instance.