37 CFR 1.248: Service of papers; manner of service; proof of service in cases other than interferences and trials

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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1.248    Service of papers; manner of service; proof of service in cases other than interferences and trials.

  • (a) Service of papers must be on the attorney or agent of the party if there be such or on the party if there is no attorney or agent, and may be made in any of the following ways:
    • (1) By delivering a copy of the paper to the person served;
    • (2) By leaving a copy at the usual place of business of the person served with someone in his employment;
    • (3) When the person served has no usual place of business, by leaving a copy at the person’s residence, with some person of suitable age and discretion who resides there;
    • (4) Transmission by first class mail. When service is by mail the date of mailing will be regarded as the date of service;
    • (5) Whenever it shall be satisfactorily shown to the Director that none of the above modes of obtaining or serving the paper is practicable, service may be by notice published in the Official Gazette.
  • (b) Papers filed in the Patent and Trademark Office which are required to be served shall contain proof of service. Proof of service may appear on or be affixed to papers filed. Proof of service shall include the date and manner of service. In the case of personal service, proof of service shall also include the name of any person served, certified by the person who made service. Proof of service may be made by:
    • (1) An acknowledgement of service by or on behalf of the person served or
    • (2) A statement signed by the attorney or agent containing the information required by this section.
  • (c) See § 41.106(e) or § 42.6(e) of this title for service of papers in contested cases or trials before the Patent Trial and Appeal Board.
[46 FR 29184, May 29, 1981; 49 FR 48416, Dec. 12, 1984, effective Feb. 11, 1985; para. (a)(5) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; para. (c) revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (c) revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (c) revised, 69 FR 5 8260, Sept. 30, 2004, effective Sept. 30, 2004; section heading and para. (c) revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]