37 CFR § 41.123 — Default filing times. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.123 Default filing times.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 41.123, including 4 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Official MPEP § 41.123 — Default filing times.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.123 Default filing times.
- (a) A
motion, other than a
miscellaneous motion, may only be filed according to a schedule the
Board sets. The default times for acting are:
- (1) An opposition is due 30 days after service of the motion.
- (2) A reply is due 30 days after service of the opposition.
- (3) A responsive motion is due 30 days after the service of the motion.
- (b)
Miscellaneous motions.
- (1) If no time for filing a specific
miscellaneous motion is provided in this part or in a Board
order:
- (i) The opposing party must be consulted prior to filing the miscellaneous motion, and
- (ii) If an opposing party plans to oppose the miscellaneous motion, the movant may not file the motion without Board authorization. Such authorization should ordinarily be obtained through a telephone conference including the Board and every other party to the proceeding. Delay in seeking relief may justify a denial of the motion.
- (2) An opposition may not be filed without
authorization. The default times for acting are:
- (i) An opposition to a miscellaneous motion is due five business days after service of the motion.
- (ii) A reply to a miscellaneous motion opposition is due three business days after service of the opposition.
- (1) If no time for filing a specific
miscellaneous motion is provided in this part or in a Board
order:
- (c) Exhibits. Each exhibit must be filed and served with the first paper in which it is cited except as the Board may otherwise order.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]