This page consolidates MPEP guidance interpreting 37 CFR § 41.102, including 65 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 completion of examination is a procedural prerequisite that requires thorough examination or reexamination of all involved patent applications and patents before initiating a contested case.

What this section covers

• Procedural prerequisites for initiating a contested case involving patent applications and patents.
• Defining the scope of examination completion requirements before a contested case can be initiated.

Key obligations

• Complete examination or reexamination for each involved application and patent before a contested case.
• Obtain Board authorization if exceptions to standard examination completion are required.

Conditions and exceptions

• Recognize that the Board may authorize alternative procedures in specific circumstances.

Practice notes

• Ensure comprehensive examination of all relevant patent documents before pursuing a contested case.
• Carefully review and complete all examination requirements to avoid procedural delays.

Related Provisions

• 37 CFR § 1.102
• 37 CFR § 1.312
• 35 U.S.C. § 154
• 37 CFR § 1.116
• 35 U.S.C. § 41

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