Can a reexamination proceed if the patent owner can’t be contacted?
Yes, a reexamination can proceed even if the patent owner cannot be contacted. The USPTO has provisions in place to ensure that the process continues through the use of constructive notice.
MPEP 2230 clearly states:
“If all efforts to correspond with the patent owner fail, the reexamination proceeding will proceed without actual notice to the patent owner.”
This means that the inability to reach the patent owner directly does not halt the reexamination process. The USPTO fulfills its obligation to notify the patent owner by publishing the information in the Official Gazette, which serves as constructive notice. This legal mechanism ensures that important patent procedures, such as reexamination, are not indefinitely delayed due to communication difficulties with the patent owner.
To learn more: