§ 11.42. Service of papers.
347 words·~2 min read·
/us/cfr/t37/s§ 11.42·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)All papers other than a complaint shall be served on a respondent who is represented by an attorney by:
(1)Delivering a copy of the paper to the office of the attorney; or
(2)Mailing a copy of the paper by first-class mail, Priority Mail Express®, or other delivery service to the attorney at the address provided by the attorney under § 11.40(a)(1); or
(3)Any other method mutually agreeable to the attorney and a representative for the OED Director.
(b)All papers other than a complaint shall be served on a respondent who is not represented by an attorney by:
(1)Delivering a copy of the paper to the respondent; or
(2)Mailing a copy of the paper by first-class mail, Priority Mail Express®, or other delivery service to the respondent at the address to which a complaint may be served or such other address as may be designated in writing by the respondent; or
(3)Any other method mutually agreeable to the respondent and a representative for the OED Director.
(c)A respondent shall serve on the representative for the OED Director one copy of each paper filed with the hearing officer or the OED Director. A paper may be served on the representative for the OED Director by:
(1)Delivering a copy of the paper to the representative; or
(2)Mailing a copy of the paper by first-class mail, Priority Mail Express®, or other delivery service to an address designated in writing by the representative; or
(3)Any other method mutually agreeable to the respondent and the representative.
(d)Each paper filed in a disciplinary proceeding shall contain therein a certificate of service indicating:
(1)The date on which service was made; and
(2)The method by which service was made.
(e)The hearing officer or the USPTO Director may require that a paper be served by hand or by Priority Mail Express®.
(f)Service by mail is completed when the paper mailed in the United States is placed into the custody of the U.S. Postal Service. \[79 FR 63042, Oct. 22, 2014\]