37 CFR § 42.402 — Who may file a petition for a (MPEP Coverage Index) – BlueIron IP

37 CFR § 42.402 Who may file a petition for a

Source: Patent Rule (37 CFR)BlueIron Update:
5 Rules3 Verbatim

This page consolidates MPEP guidance interpreting 37 CFR § 42.402, including 5 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 details the eligibility of parties who can file a petition to initiate a derivation proceeding in reissue applications, including key obligations and AIA effective dates.

What this section covers

  • Defines that an applicant for patent, including a reissue applicant, may file a petition to institute a derivation proceeding.

Key obligations

  • Must file the petition by an eligible party in applications subject to derivation proceedings, effective March 16, 2013.
  • Subject to the provisions of AIA, as applicable, for processing derivation proceedings.

Practice notes

  • Ensure the petition is filed by an eligible party and includes all necessary information.
  • Timely filing is crucial as it is subject to AIA effective dates.

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