What is the process for waiving or suspending rules in patent trials?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance 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.

The process for waiving or suspending rules in patent trials involves filing a motion as described in 37 CFR 41.104(b). According to MPEP 1002.02(g):

“2. Motion to waive or suspend any rule in Subpart D of part 41 of title 37 CFR. See 37 CFR 41.104(b).”

This motion is decided by Administrative Patent Judges. It allows parties in a patent trial to request the suspension or waiver of specific rules under certain circumstances, providing flexibility in the proceedings when necessary.

Tags: administrative patent judges, patent trials, rule suspensions, rule waivers