37 CFR § 41.3 — Petitions. (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 41.3, including 18 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.

Summary

This section covers petitions for ex parte and inter partes reexaminations after jurisdiction has transferred to the PTAB, focusing on those decided by the Central Reexamination Unit.

What this section covers

Petitions in ex parte and inter partes reexaminations occurring after jurisdiction transfers to the Patent Trial and Appeal Board (PTAB).

Key obligations

Ensure petitions comply with the specific requirements set forth in 37 CFR Part 41.
File amended briefs that overcome all reasons for non-compliance within the set time period.
Timely respond to Office communications that require an amended brief.

Practice notes

Ensure all required forms and documents are included with the petition.
Avoid filing noncompliant appeal briefs that could lead to delays in the petition process.

Question of Policy Must Be Certified to Chief Administrative Patent JudgeMPEP 1002.02(g)
Petition for Noncompliance DisputeMPEP 1205.03Permitted
Petitions Do Not Extend Reply PeriodsMPEP 1205.03
Appellant Must Timely Respond to Amended Brief RequestMPEP 1205.03Required
Reexamination Hearing Not Open to Public Unless PetitionedMPEP 2276

Appellant Must Timely Respond to Amended Brief RequestMPEP 1205.03Required

Petitions for Reexamination Decided by BoardMPEP 1002.02(c)(4)
Notice for Brief Non-Compliance and Amended Filing RequirementMPEP 1205
Notice for Non-Compliance with Brief RequirementsMPEP 1205
Amended Brief Required for ComplianceMPEP 1205
Petition to Chief Judge for Non-Compliance ReviewMPEP 1205
Non-Compliant Oral Hearing Request Requires PetitionMPEP 1209
Petition and Fee Required for Non-Compliant Hearing RequestMPEP 1209
Petition for Non-Compliant Hearing Request Due Within 14 DaysMPEP 1209
Chief Judge Decides Petition for Oral HearingMPEP 1209
Refund Not Given for Denied Hearing PetitionMPEP 1209
Request for Oral Hearing Must Be Filed ProperlyMPEP 1209
Appeals Decided on Briefs Get Same Board Consideration as Oral HearingsMPEP 1209
Oral Hearing Does Not Affect Appeal Decision TimelineMPEP 1209

MPEP Section	Rules
MPEP § 1002.02(c)(4)	Petitions for Reexamination Decided by BoardMPEP 1002.02(c)(4)
MPEP § 1002.02(g)	Question of Policy Must Be Certified to Chief Administrative Patent JudgeMPEP 1002.02(g)
MPEP § 1205	Notice for Brief Non-Compliance and Amended Filing RequirementMPEP 1205 Notice for Non-Compliance with Brief RequirementsMPEP 1205 Amended Brief Required for ComplianceMPEP 1205 Petition to Chief Judge for Non-Compliance ReviewMPEP 1205
MPEP § 1205.03	Petition for Noncompliance DisputeMPEP 1205.03Permitted Petitions Do Not Extend Reply PeriodsMPEP 1205.03 Appellant Must Timely Respond to Amended Brief RequestMPEP 1205.03Required
MPEP § 1209	Non-Compliant Oral Hearing Request Requires PetitionMPEP 1209 Petition and Fee Required for Non-Compliant Hearing RequestMPEP 1209 Petition for Non-Compliant Hearing Request Due Within 14 DaysMPEP 1209 Chief Judge Decides Petition for Oral HearingMPEP 1209 Refund Not Given for Denied Hearing PetitionMPEP 1209 Request for Oral Hearing Must Be Filed ProperlyMPEP 1209 Appeals Decided on Briefs Get Same Board Consideration as Oral HearingsMPEP 1209 Oral Hearing Does Not Affect Appeal Decision TimelineMPEP 1209
MPEP § 2276	Reexamination Hearing Not Open to Public Unless PetitionedMPEP 2276

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 41.3 — Petitions. (MPEP Coverage Index) – BlueIron IP

37 CFR § 41.3 Petitions.

Summary

Official MPEP § 41.3 — Petitions.

41.3 Petitions.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions