37 CFR § 41.104 — Conduct of contested cases. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.104 Conduct of contested cases.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 41.104, including 3 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 outlines the proper course of conduct for petitions decided by the Patent Trial and Appeal Board, specifically addressing how to handle interference or trial proceedings.
What this section covers
- Defines the guidance provided for petitions decided by the Patent Trial and Appeal Board in interference or trial proceedings.
Key obligations
- Determine the proper course of conduct in an interference or trial proceeding.
- Ensure compliance with the rules of procedure and deadlines set forth in the Patent Rules.
Practice notes
- Ensure all required documents are timely filed and properly formatted to avoid delays.
- Closely follow the deadlines and procedures set forth in the rules to avoid common pitfalls.
Official MPEP § 41.104 — Conduct of contested cases.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.104 Conduct of contested cases.
- (a) The Board may determine a proper course of conduct in a proceeding for any situation not specifically covered by this part and may enter non-final orders to administer the proceeding.
- (b) An administrative patent judge may waive or suspend in a proceeding the application of any rule in this subpart, subject to such conditions as the administrative patent judge may impose.
- (c) Times set in this subpart are defaults. In the event of a conflict between a time set by rule and a time set by order, the time set by order is controlling. Action due on a day other than a business day may be completed on the next business day unless the Board expressly states otherwise.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]