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Failure To Maintain Correspondence Address Could Be Detrimental To Your Health, PTAB Litigation Blog

March 2018

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The PTAB rules state that "[t]he petition and supporting evidence must be served on the patent owner at the correspondence address of record for the subject patent." 37 C.F.R. § 42.105(a). Prompt service is important in IPRs because the Preliminary Response to a Petition is due only three months from the date of the Petition’s filing. The correspondence address for a patent can be adjusted via filing of a simple form. Failure to keep USPTO records up to date could result in late notification that a patent is being challenged and loss of preliminary-response preparation time.

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