USPTO depos - what do you do with original??

[Kelli Combs (admin)]

I have a depo I did in the US Patent and Trademark office, before the Trademark Trial and Appeal Board.   I am not sure if those are treated as federal case or superior court case.  Anyone know?  Nothing was said about signature, so I was going to go by code.  Not sure if I should treat it as a federal case or not.

 

Anyone know?

 

 

[Cathryn Bauer]

Absent reliable authority, I believe I would treat it as a federal case.

[Kelli Combs (admin)]

Yeah, I always forget which way to go on these.  I'll do that.

[Tricia McLaughlin]

Kelli, 

I tend to agree on it being a federal case.   The U.S. Patent and Trademark Office implies it also.  Good luck to you on it.  

Take care,

Tricia

 

 

[Quyen]

Ditto what Tricia said.  The USPTO is a federal entity.

[Kerry F]

Doesn't your office know???

 

I would file it to the attention of the appeal board.  If the witness wants to read and sign, give him 30 days unless

there's a hearing before then they need the original for. 

If there is no federal court in the case caption/pleading, file it with the board it is before because there's no court per se to send it to.

[Kelli Combs (admin)]

In the past I've done it as if it was a Federal case.  There was no reserved signature so it goes to the noticing attorney.  I just went ahead and did it that way as I usually do.