Manual of Patent Examining Procedure - MPEP

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2200 Citation of Prior Art and Ex Parte Reexamination of Patents

2230 Constructive Notice to Patent Owner

In some instances, it may not be possible to deliver mail to the patent owner because no current address is available. If all efforts to correspond with the patent owner fail, the reexamination proceeding will proceed without actual notice to the patent owner. The publication in the Official Gazette of (A ) the notice of the filing of a request for reexamination, or (B ) the notice of the ordering of reexamination at the initiative of the Director of the Office , will serve as constructive notice to the patent owner in such an instance.

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