37 CFR § 41.2 — Definitions. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.2 Definitions.
This page consolidates MPEP guidance interpreting 37 CFR § 41.2, including 18 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 section defines 'Board' as the Patent Trial and Appeal Board, which includes a panel of at least three members for final actions in appeals or contested cases.
What this section covers
- Define 'Board' as referring to the Patent Trial and Appeal Board.
Key obligations
- Specify that 'Board' includes a panel for final actions in appeals or contested cases.
Practice notes
- Advise practitioners to ensure they are referring to the correct panel of the Board for final actions in appeals or contested cases.
- Remind practitioners that 'Board' includes a panel for final actions, which is crucial for understanding the jurisdiction and authority of the decision-making body.
Official MPEP § 41.2 — Definitions.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.2 Definitions.
Unless otherwise clear from the context, the following definitions apply to proceedings under this part:
Affidavit means affidavit, declaration under § 1.68 of this title, or statutory declaration under 28 U.S.C. 1746. A transcript of an ex parte deposition may be used as an affidavit in a contested case.
Board means the Patent Trial and Appeal Board and includes:
- (1) For a final Board action:
- (i) In an appeal or contested case, a panel of the Board.
- (ii) In a proceeding under § 41.3 , the Chief Administrative Patent Judge or another official acting under an express delegation from the Chief Administrative Patent Judge.
- (2) For non-final actions, a Board member or employee acting with the authority of the Board.
Board member means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, the Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office, the Commissioner for Patents, the Commissioner for Trademarks, and the administrative patent judges.
Contested case means a Board proceeding other than an appeal under 35 U.S.C. 134 or a petition under § 41.3 . An appeal in an inter partes reexamination is not a contested case.
Final means, with regard to a Board action, final for the purposes of judicial review. A decision is final only if:
- (1) In a panel proceeding. The decision is rendered by a panel, disposes of all issues with regard to the party seeking judicial review, and does not indicate that further action is required; and
- (2)
In other proceedings. The decision disposes of all
issues or the decision states it is final.
Hearing means consideration of the issues of record. Rehearing means reconsideration.
Office means United States Patent and Trademark Office.
Panel means at least three Board members acting in a panel proceeding.
Panel proceeding means a proceeding in which final action is reserved by statute to at least three Board members, but includes a non-final portion of such a proceeding whether administered by a panel or not.
Party, in this part, means any entity participating in a Board proceeding, other than officers and employees of the Office, including:
- (1) An appellant;
- (2) A participant in a contested case;
- (3) A petitioner; and
- (4) Counsel for any of the above, where context permits.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; introductory text of the definition of “Board” revised, 77 FR 46615, Aug. 6, 2012, effective Sept. 16, 2012]
- Director Authority
- Statutory Authority
- Uspto Officials
- Inter Partes Reexamination
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| MPEP Section | Rules |
|---|---|
| MPEP § 1202 | |
| MPEP § 2301.02 | |
| MPEP § 2304.02(d) |