37 CFR §11.42
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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:
- (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.