37 CFR § 41.8 — Mandatory notices. (MPEP Coverage Index) – BlueIron IP
37 CFR § 41.8 Mandatory notices.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 41.8, including 14 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 Mandatory Notices section requires parties to identify their real parties in interest within 20 days of any change during an interference proceeding and include this identification in appeal briefs or at the initiation of a contested case.
What this section covers
- Defines the requirements for identifying real parties in interest during interference proceedings and reissue appeals.
Key obligations
- Parties must identify their real parties in interest within 20 days of any change during an interference proceeding.
- This identification must be included in appeal briefs or at the initiation of a contested case.
- This section is part of 37 CFR and USPTO's authority.
Practice notes
- Ensure the identification of real parties in interest is clearly stated and included in all relevant filings.
- Failure to timely update the identification of real parties in interest can lead to procedural issues and potential dismissal of claims.
Official MPEP § 41.8 — Mandatory notices.
Source: USPTOLast Modified: 10/30/2024 08:50:22
41.8 Mandatory notices.
- (a) In an appeal brief (§§
41.37
,
41.67
, or
41.68
) or at the initiation of a contested case (§
41.101
), and within 20 days of any change during
the proceeding, a party must identify:
- (1) Its real party-in-interest, and
- (2) Each judicial or administrative proceeding that could affect, or be affected by, the Board proceeding.
- (b) For contested cases, a party seeking judicial review of a Board proceeding must file a notice with the Board of the judicial review within 20 days of the filing of the complaint or the notice of appeal. The notice to the Board must include a copy of the complaint or notice of appeal. See also §§ 1.301 to 1.304 of this title.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]
- Appeals
- Appeal Notice
- Ex Parte Reexamination
-
-
| MPEP Section | Rules |
|---|---|
| MPEP § 1449.02 | |
| MPEP § 2284 |