11.42    Service of papers.

    • (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, "Express Mail," 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, "Express Mail," 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 of 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, "Express Mail," 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 "Express Mail."
    • (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.

[Added, 73 FR 47650, Aug. 14, 2008, effective Sept. 15, 2008]