37 CFR § 41.127 — Judgment. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.127 Judgment.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 41.127, including 24 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 Judgment establishes the effect of an interference judgment on parties involved and the estoppel resulting from such a judgment within the Office.
What this section covers
- Defines the effect of an interference judgment on all issues raised or properly raiseable, including estoppel for losing parties who could have moved for relief.
- Identifies the core topic of estoppel resulting from an interference judgment, affecting future proceedings within the Office.
Key obligations
- All issues raised or properly raiseable must be disposed of by a judgment, ensuring comprehensive resolution.
- Losing parties who could have properly moved for relief are estopped from raising those issues in future proceedings.
- The judgment's effect is binding within the Office and may have extraterritorial implications.
Practice notes
- Carefully review and document all issues raised during an interference to avoid overlooking any estoppel effect.
- Be cautious of the estoppel effect on future proceedings; failing to properly address issues can lead to significant consequences.
Official MPEP § 41.127 — Judgment.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.127 Judgment.
- (a)
Effect within Office—(1)
Estoppel. A judgment disposes of all issues that
were, or by motion could have properly been, raised and decided. A
losing party who could have properly moved for relief on an issue, but
did not so move, may not take action in the Office after the judgment
that is inconsistent with that party’s failure to move, except that a
losing party shall not be estopped with respect to any contested
subject matter for which that party was awarded a favorable
judgment.
- (2) Final disposal of claim. Adverse judgment against a claim is a final action of the Office requiring no further action by the Office to dispose of the claim permanently.
- (b)
Request for adverse judgment. A party may at any
time in the proceeding request judgment against itself. Actions
construed to be a request for adverse judgment include:
- (1) Abandonment of an involved application such that the party no longer has an application or patent involved in the proceeding,
- (2) Cancellation or disclaiming of a claim such that the party no longer has a claim involved in the proceeding,
- (3) Concession of priority or unpatentability of the contested subject matter, and
- (4) Abandonment of the contest.
- (c) Recommendation. The judgment may include a recommendation for further action by the examiner or by the Director. If the Board recommends rejection of a claim of an involved application, the examiner must enter and maintain the recommended rejection unless an amendment or showing of facts not previously of record is filed which, in the opinion of the examiner, overcomes the recommended rejection.
- (d) Rehearing. A party dissatisfied with the judgment may file a request for rehearing within 30 days of the entry of the judgment. The request must specifically identify all matters the party believes to have been misapprehended or overlooked, and the place where the matter was previously addressed in a motion, opposition or reply.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (d) revised, 69 FR 58260, Sept. 30, 2004, effective Sept. 30, 2004]
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- Signature Requirements
- Signature Assignee
| MPEP Section | Rules |
|---|---|
| MPEP § 1490 | |
| MPEP § 2308 | |
| MPEP § 2308.03 | |
| MPEP § 2308.03(b) | |
| MPEP § 711.01 |