37 CFR § 41.11 — Ex parte communications in inter partes (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.11 Ex parte communications in inter partes
This page consolidates MPEP guidance interpreting 37 CFR § 41.11, including 4 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 covers ex parte communications in inter partes reexaminations and contested cases, defining them as interactions between parties and Board members or assigned employees.
What this section covers
- Defines ex parte communications as interactions between parties and Board members or assigned employees regarding inter partes reexamination or contested cases.
Key obligations
- Ensure all ex parte communications are conducted in accordance with established procedures and rules.
- Obtain permission from the Board before initiating any ex parte communication involving a patent or application.
Practice notes
- Maintain detailed records of all ex parte communications for potential review.
- Avoid ex parte communications that could be perceived as improper influence.
Official MPEP § 41.11 — Ex parte communications in inter partes
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.11 Ex parte communications in inter partes proceedings.
An ex parte communication about an inter partes reexamination (subpart C of this part) or about a contested case (subparts D and E of this part) with a Board member, or with a Board employee assigned to the proceeding, is not permitted.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]
- Inter Partes Reexamination
- Practitioner Recognition
- Ptab Contested Case
| MPEP Section | Rules |
|---|---|
| MPEP § 2307.01 |