37 CFR § 42.23 — Oppositions, replies, and (MPEP Coverage Index) – BlueIron IP
37 CFR § 42.23 Oppositions, replies, and
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 42.23, 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 § 42.23 — Oppositions, replies, and
Source: USPTOLast Modified: 10/30/2024 08:50:22
42.23 Oppositions, replies, and sur-replies.
- (a) Oppositions, replies, and sur-replies must comply with the content requirements for motions and, if the paper to which the opposition, reply, or sur-reply is responding contains a statement of material fact, must include a listing of facts that are admitted, denied, or cannot be admitted or denied. Any material fact not specifically denied may be considered admitted.
- (b) All arguments for the relief requested in a motion must be made in the motion. A reply may only respond to arguments raised in the corresponding opposition, patent owner preliminary response, patent owner response, or decision on institution. A sur-reply may only respond to arguments raised in the corresponding reply and may not be accompanied by new evidence other than deposition transcripts of the cross-examination of any reply witness.
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012; para. (a) first sentence revised, 80 FR 28561, May 19, 2015, effective May 19, 2015; para. (b) revised, 81 FR 18750, Apr. 1, 2016, effective May 2, 2016; revised, 85 FR 79120, Dec. 9, 2020, effective Jan. 8, 2021]