37 CFR § 42.107 — Preliminary response to (MPEP Coverage Index) – BlueIron IP
37 CFR § 42.107 Preliminary response to
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 42.107, including 0 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 § 42.107 — Preliminary response to
Source: USPTOLast Modified: 10/30/2024 08:50:22
42.107 Preliminary response to petition.
- (a) The patent owner may file a preliminary response to the petition. The response is limited to setting forth the reasons why no inter partes review should be instituted under 35 U.S.C. 314 and can include supporting evidence. The preliminary response is subject to the word count under § 42.24 .
- (b) Due date. The preliminary response must be filed no later than three months after the date of a notice indicating that the request to institute an inter partes review has been granted a filing date. A patent owner may expedite the proceeding by filing an election to waive the patent owner preliminary response.
- (c) [Reserved]
- (d) No amendment. The preliminary response shall not include any amendment.
- (e) Disclaim Patent Claims. The patent owner may file a statutory disclaimer under 35 U.S.C. 253(a) in compliance with § 1.321(a) of this chapter, disclaiming one or more claims in the patent. No inter partes review will be instituted based on disclaimed claims.
[Added, 77 FR 48680, Aug. 14, 2012, effective Sept. 16, 2012; para. (a) revised and para. (c) removed and reserved, 81 FR 18750, Apr. 1, 2016, effective May 2, 2016]