37 CFR § 42.22 — Content of petitions and (MPEP Coverage Index) – BlueIron IP
37 CFR § 42.22 Content of petitions and
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 42.22, including 12 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
37 CFR 42.22 provides procedural guidelines for submitting correction requests for inventorship in patent interference proceedings through formal motions.
What this section covers
- Procedural requirements for correcting inventorship in patent interference cases.
- Formal mechanism for requesting changes to named inventors during interference proceedings.
Key obligations
- File correction requests as formal motions under applicable USPTO regulations.
- Provide comprehensive documentation and justification for proposed inventorship changes.
Practice notes
- Thoroughly document the rationale for any proposed inventor changes to support the motion.
- Understand that inventorship corrections require strict procedural compliance in interference proceedings.
Official MPEP § 42.22 — Content of petitions and
Source: USPTOLast Modified: 10/30/2024 08:50:22
42.22 Content of petitions and motions.
- (a) Each petition or motion must be filed as
a separate paper and must include:
- (1) A statement of the precise relief requested; and
- (2) A full statement of the reasons for the relief requested, including a detailed explanation of the significance of the evidence including material facts, and the governing law, rules, and precedent.
- (b) Relief requested. Where a rule in part 1 of this title ordinarily governs the relief sought, the petition or motion must make any showings required under that rule in addition to any showings required in this part.
- (c) Statement of material facts. Each petition or motion may include a statement of material fact. Each material fact preferably shall be set forth as a separately numbered sentence with specific citations to the portions of the record that support the fact.
- (d) The Board may order additional showings or explanations as a condition for authorizing a motion ( see § 42.20(b) ).
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012]
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- Reissue
- Reissue Grounds
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| MPEP Section | Rules |
|---|---|
| MPEP § 1481.02 | |
| MPEP § 1485 |