37 CFR § 41.204 — Notice of basis for relief. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.204 Notice of basis for relief.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 41.204, 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.
Official MPEP § 41.204 — Notice of basis for relief.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.204 Notice of basis for relief.
- (a)
Priority statement. (1) A party may not submit
evidence of its priority in addition to its accorded benefit unless it
files a statement setting forth all bases on which the party intends
to establish its entitlement to judgment on priority.
- (2) The priority statement must:
- (i) State the date and location of the party’s earliest corroborated conception,
- (ii) State the date and location of the party’s earliest corroborated actual reduction to practice,
- (iii) State the earliest corroborated date on which the party’s diligence began, and
- (iv) Provide a copy of the earliest document upon which the party will rely to show conception.
- (3) If a junior party fails to file a priority statement overcoming a senior party’s accorded benefit, judgment shall be entered against the junior party absent a showing of good cause.
- (2) The priority statement must:
- (b) Other substantive motions. The Board may require a party to list the motions it intends to file, including sufficient detail to place the Board and the opponent on notice of the precise relief sought.
- (c) Filing and service. The Board will set the times for filing and serving statements required under this section.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]