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…
Read MoreWhat happens if a party fails to serve documents in an inter partes reexamination?
Failure to serve documents in an inter partes reexamination can have serious consequences. According to MPEP 2666.06: “The failure of the patent owner or the third party requester to serve documents may result in their being refused consideration.” If the USPTO becomes aware that service was not made, they will typically issue a notice using…
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