37 CFR § 1.248 — Service of papers; manner of service; proof of (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.248 Service of papers; manner of service; proof of
This page consolidates MPEP guidance interpreting 37 CFR § 1.248, including 89 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
The process for filing protests in reissue applications requires strict adherence to deadlines and procedural requirements.
What this section covers
- Protests in reissue applications require service within the official manner of service as specified by USPTO guidelines.
- Specific procedures and requirements for filing protests in reissue applications are outlined, including the need to provide an explanation for any additional time required beyond the 2-month period.
Key obligations
- File a protest within 2 months of the reissue application being announced in the Official Gazette.
- Provide an explanation for any additional time required beyond the 2-month period.
- Include an explanation of the nature of the protest intended in the petition.
Practice notes
- Ensure all required elements, including the explanation for additional time and nature of protest, are included in the petition.
- Missing the 2-month deadline for filing protests may result in the protest being denied.
Official MPEP § 1.248 — Service of papers; manner of service; proof of
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.248 Service of papers; manner of service; proof of service in cases other than interferences and trials.
- (a) Service of papers must be on the attorney or agent
of the party if there be such or on the party if there is no
attorney or agent, and may be made in any of the following
ways:
- (1) By delivering a copy of the paper to the person served;
- (2) By leaving a copy at the usual place of business of the person served with someone in his employment;
- (3) When the person served has no usual place of business, by leaving a copy at the person’s residence, with some person of suitable age and discretion who resides there;
- (4) Transmission by first class mail. When service is by mail the date of mailing will be regarded as the date of service;
- (5) Whenever it shall be satisfactorily shown to the Director that none of the above modes of obtaining or serving the paper is practicable, service may be by notice published in the Official Gazette.
- (b) Papers filed in the Patent and Trademark Office
which are required to be served shall contain proof of service.
Proof of service may appear on or be affixed to papers filed. Proof
of service shall include the date and manner of service. In the
case of personal service, proof of service shall also include the
name of any person served, certified by the person who made
service. Proof of service may be made by:
- (1) An acknowledgement of service by or on behalf of the person served or
- (2) A statement signed by the attorney or agent containing the information required by this section.
- (c) See § 41.106(e) or § 42.6(e) of this title for service of papers in contested cases or trials before the Patent Trial and Appeal Board.
[46 FR 29184, May 29, 1981; 49 FR 48416, Dec. 12, 1984, effective Feb. 11, 1985; para. (a)(5) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; para. (c) revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (c) revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (c) revised, 69 FR 5 8260, Sept. 30, 2004, effective Sept. 30, 2004; section heading and para. (c) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]
- Correspondence Address
- Ex Parte Reexamination
- Reexamination Request
- Inter Partes Reexamination
- Inter Partes Reexam Procedure
- Inter Partes Reexam Request
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- Patent Issuance
- Notice Of Allowance
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- Protest Procedure
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- Reissue
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