37 C.F.R. 1.687, Additional discovery.

This document contains one section of Chapter 37 of the Code of Federal Regulations. This page was last updated in May, 1998. You may return to the main 37 CFR Index, or to the index for one of the follow parts:

part 1 (patents);
part 2 (trademarks);
part 3 (assignments);
part 10 (representation); or
part 200+ (copyrights).

1.687 Additional discovery.

(a)

A party is not entitled to discovery except as authorized in this subpart.

(b)

Where appropriate, a party may obtain production of documents and things during cross-examination of an opponent's witness or during the testimony period of the party's case-in-rebuttal.

(c)

Upon a motion (1.635) brought by a party within the time set by an administrative patent judge under 1.651 or thereafter as authorized by 1.645 and upon a showing that the interest of justice so requires, an administrative patent judge may order additional discovery, as to matters under the control of a party within the scope of the Federal Rules of Civil Procedure, specifying the terms and conditions of such additional discovery. See 1.647 concerning translations of documents in a foreign language.

(d)

The parties may agree to discovery among themselves at any time. In the absence of an agreement, a motion for additional discovery shall not be filed except as authorized by this subpart.

[49 FR 48471, Dec. 12, 1984, added effective Feb. 11, 1985; paras. (d) & (e) revised, 60 FR 14488, Mar. 17, 1995, effective Apr. 21, 1995]

Previous Section | Next Section