How does the USPTO handle correspondence with patent owners during inter partes reexamination?
The USPTO has specific procedures for handling correspondence with patent owners during inter partes reexamination. According to the MPEP:
“Communications from the Office to the patent owner will be directed to the correspondence address for the patent being reexamined. See 37 CFR 1.33(c).”
This means that the USPTO will send all communications to the address on record for the patent undergoing reexamination. It’s crucial for patent owners to ensure their correspondence address is up to date.
The MPEP also notes:
“Amendments and other papers filed on behalf of patent owners must be signed by the patent owners, or the registered attorney or agent of record in the patent file, or any registered attorney or agent acting in a representative capacity under 37 CFR 1.34.”
This requirement ensures that only authorized individuals can file documents on behalf of the patent owner. The USPTO generally avoids double correspondence:
“Double correspondence with the patent owners and the attorney or agent normally will not be undertaken by the Office.”
If no specific correspondence address is provided, the USPTO will use the following approach:
“Where no correspondence address is otherwise specified, correspondence will be with the most recent attorney or agent made of record by the patent owner.”
For more information on correspondence in reexamination proceedings, refer to MPEP § 2620 for certificate of service and MPEP § 2224 for correspondence in ex parte reexamination proceedings.
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