How should proof of service be provided in inter partes reexamination proceedings?

This page is an FAQ based on guidance 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.

Proof of service in inter partes reexamination proceedings must be provided through a certificate of service. The MPEP 2666.06 states:

“As proof of service, the party submitting the paper to the Office must attach a certificate of service to the paper. It is required that the certificate of service set forth the name and address of the party served and the method of service. Further, a copy of the certificate of service must be attached with the copy of the paper that is served on the other party.”

Failure to provide proper proof of service can result in the paper being refused consideration by the USPTO. If proof of service is not attached, the Office will typically send a Notice of Defective Paper (PTOL-2069) allowing the party to complete the paper with a supplemental submission indicating the manner and date of service.