What is the role of the Official Gazette in patent 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.

The Official Gazette plays a crucial role in patent reexamination proceedings, especially when direct communication with the patent owner is not possible. It serves as the official publication for providing constructive notice to patent owners about reexamination proceedings.

According to MPEP 2230:

“The publication in the Official Gazette of (A) the notice of the filing of a request for reexamination filed under 35 U.S.C. 302, or (B) the notice of the ordering of reexamination at the initiative of the Director of the Office, will serve as constructive notice to the patent owner in such an instance.”

This means that the Official Gazette is the USPTO’s primary method for providing legally recognized notice about reexamination proceedings when direct contact with the patent owner fails. Publication in the Official Gazette ensures that the reexamination process can proceed even if the patent owner cannot be reached directly.