37 CFR § 41.52 — Rehearing. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.52 Rehearing.
This page consolidates MPEP guidance interpreting 37 CFR § 41.52, including 26 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
The Rehearing section outlines the procedure following an appeal to the Board, requiring a copy of the decision to be provided to the appellant and placed in IFW.
What this section covers
- This section covers the procedure following an appeal to the Board, including providing a copy of the decision to the appellant and placing it in IFW.
Key obligations
- Provide a copy of the Board decision to the appellant and place it in IFW.
- Ensure the decision is provided to the appellant and placed in IFW within a timely manner.
- Adhere to specific procedures outlined in 37 CFR 41.52 for providing the decision.
Practice notes
- Ensure all required documents are included with the decision to avoid delays.
- Timely and accurate communication with the appellant is crucial to comply with this section.
Official MPEP § 41.52 — Rehearing.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.52 Rehearing.
- (a)
- (1) Appellant may file a single request for rehearing within two months of the date of the original decision of the Board. No request for rehearing from a decision on rehearing will be permitted, unless the rehearing decision so modified the original decision as to become, in effect, a new decision, and the Board states that a second request for rehearing would be permitted. The request for rehearing must state with particularity the points believed to have been misapprehended or overlooked by the Board. Arguments not raised, and Evidence not previously relied upon, pursuant to §§ 41.37 , 41.41 , or 41.47 are not permitted in the request for rehearing except as permitted by paragraphs (a)(2) through (a)(4) of this section. When a request for rehearing is made, the Board shall render a decision on the request for rehearing. The decision on the request for rehearing is deemed to incorporate the earlier opinion reflecting its decision for appeal, except for those portions specifically withdrawn on rehearing, and is final for the purpose of judicial review, except when noted otherwise in the decision on rehearing.
- (2) Appellant may present a new argument based upon a recent relevant decision of either the Board or a Federal Court.
- (3) New arguments responding to a new ground of rejection designated pursuant to § 41.50(b) are permitted.
- (4) New arguments that the Board’s decision contains an undesignated new ground of rejection are permitted.
- (b) Extensions of time under § 1.136(a) of this title for patent applications are not applicable to the time period set forth in this section. See § 1.136(b) of this title for extensions of time to reply for patent applications and § 1.550(c) of this title for extensions of time to reply for ex parte reexamination proceedings.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; (a)(1) fourth sentence, (a)(2) and (a)(3) revised and (a)(4) added, 76 FR 72270, Nov. 22, 2011, effective Jan. 23, 2012]
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- Judicial Review
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- Interference Proceedings
- Interference Procedure
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| MPEP Section | Rules |
|---|---|
| MPEP § 1213 | |
| MPEP § 1214 | |
| MPEP § 1214.01 | |
| MPEP § 1214.03 | |
| MPEP § 706.07(h) |