How does the USPTO handle correspondence with patent owners in ex parte reexamination proceedings?
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How does the USPTO handle correspondence with patent owners in ex parte reexamination proceedings?
The USPTO has specific guidelines for handling correspondence with patent owners during ex parte reexamination proceedings:
- Correspondence Address: The MPEP states, “Communications from the U.S. Patent and Trademark Office to the patent owner will be directed to the correspondence address for the patent being reexamined. See 37 CFR 1.33(c).”
- No Double Correspondence: “Double correspondence with the patent owners and the attorney or agent normally will not be undertaken by the Office.”
- Default Correspondence: “Where no correspondence address is otherwise specified, correspondence will be with the most recent attorney or agent made of record by the patent owner.”
It’s important to note that patent owners should ensure their correspondence address is up to date to receive communications from the USPTO regarding the reexamination proceeding.
For information on certificate of service requirements, refer to MPEP § 2220.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2224 - Correspondence,
Patent Law,
Patent Procedure