37 CFR § 42.123 — Filing of supplemental (MPEP Coverage Index) – BlueIron IP
37 CFR § 42.123 Filing of supplemental
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 42.123, 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 § 42.123 — Filing of supplemental
Source: USPTOLast Modified: 10/30/2024 08:50:22
42.123 Filing of supplemental information.
- (a)
Motion to submit supplemental information. Once
a trial has been instituted, a party may file a motion to submit
supplemental information in accordance with the following
requirements:
- (1) A request for the authorization to file a motion to submit supplemental information is made within one month of the date the trial is instituted.
- (2) The supplemental information must be relevant to a claim for which the trial has been instituted.
- (b) Late submission of supplemental information. A party seeking to submit supplemental information more than one month after the date the trial is instituted, must request authorization to file a motion to submit the information. The motion to submit supplemental information must show why the supplemental information reasonably could not have been obtained earlier, and that consideration of the supplemental information would be in the interests-of-justice.
- (c) Other supplemental information. A party seeking to submit supplemental information not relevant to a claim for which the trial has been instituted must request authorization to file a motion to submit the information. The motion must show why the supplemental information reasonably could not have been obtained earlier, and that consideration of the supplemental information would be in the interests-of-justice.
[Added, 77 FR 48680, Aug. 14, 2012, effective Sept. 16, 2012]