35 U.S.C. § 293 — Nonresident patentee; service and (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 293 Nonresident patentee; service and
This page consolidates MPEP guidance interpreting 35 U.S.C. § 293, including 3 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
35 USC 293 enables foreign patent holders to officially designate a domestic representative within the United States for legal service and communication purposes with the USPTO.
What this section covers
- Outline the process for foreign patent holders to establish a legal point of contact in the United States.
- Explain the requirements for nonresident patentees to maintain proper legal representation and service channels.
Key obligations
- Foreign patent holders must file a written designation with the USPTO identifying a domestic representative.
- The designated representative must be a person residing within the United States.
- Provide a clear name and address for the domestic representative in the official designation.
Practice notes
- Ensure the domestic representative is reliable and can promptly handle legal communications.
- Maintain updated contact information for the designated domestic representative.
Official MPEP § 293 — Nonresident patentee; service and
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 293 Nonresident patentee; service and notice.
Every patentee not residing in the United States may file in the Patent and Trademark Office a written designation stating the name and address of a person residing within the United States on whom may be served process or notice of proceedings affecting the patent or rights thereunder. 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. The court shall have the same jurisdiction to take any action respecting the patent or rights thereunder that it would have if the patentee were personally within the jurisdiction of the court.
(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; amended Sept. 16, 2011, Public Law 112-29, sec. 9, 125 Stat. 284.)