37 CFR § 41.101 — Notice of proceeding. (MPEP Coverage Index) – BlueIron IP

37 CFR § 41.101 Notice of proceeding.

Source: Patent Rule (37 CFR)BlueIron Update:
2 Rules2 Verbatim

This page consolidates MPEP guidance interpreting 37 CFR § 41.101, including 2 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 Notice of proceeding. requires parties to identify their real part in an appeal brief or contested case within 20 days of any change during interference in reissue proceedings.

What this section covers

  • This section covers the requirements for identifying a party's real part in an appeal brief or contested case related to interference in reissue proceedings.

Key obligations

  • Parties must identify their real part in an appeal brief or contested case within 20 days of any change during the proceeding.
  • This obligation applies to appeals under sections 41.37, 41.67, or 41.68 and at the initiation of a contested case.
  • Failure to timely identify changes in real party in interest can lead to procedural issues and potential sanctions.

Practice notes

  • Ensure timely identification of the real party in interest to avoid procedural issues and potential sanctions.
  • Missing the 20-day deadline for identifying changes in real party in interest can result in adverse procedural consequences.

Related Provisions

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