37 CFR Part 41 Index

Practice Before The Patent Trial And Appeal Board

Taken from the Ninth Edition of the MPEP, Revision 07.2022, Published February 2023

Part 41 - Practice Before The Patent Trial And Appeal Board


Subpart A - General Provisions

§41.1: Policy.

§41.2: Definitions.

§41.3: Petitions.

§41.4: Timeliness.

§41.5: Counsel.

§41.6: Public availability of Board records.

§41.7: Management of the record.

§41.8: Mandatory notices.

§41.9: Action by owner.

§41.9 (pre‑AIA): Action by owner.

§41.10: Correspondence addresses.

§41.11: Ex parte communications in inter partes proceedings.

§41.12: Citation of authority.

§41.20: Fees.

Subpart B - Ex Parte Appeals

§41.30: Definitions.

§41.31: Appeal to Board.

§41.33: Amendments and affidavits or other Evidence after appeal.

§41.35: Jurisdiction over appeal.

§41.37: Appeal brief.

§41.39: Examiner’s answer.

§41.40: Tolling of time period to file a reply brief.

§41.41: Reply brief.

§41.43: [Removed]

§41.45: Appeal forwarding fee.

§41.47: Oral hearing.

§41.50: Decisions and other actions by the Board.

§41.52: Rehearing.

§41.54: Action following decision.

Subpart C - Inter Partes Appeals

§41.60: Definitions.

§41.61: Notice of appeal and cross appeal to Board.

§41.63: Amendments and affidavits or other evidence after appeal.

§41.64: Jurisdiction over appeal in inter partes reexamination.

§41.66: Time for filing briefs.

§41.67: Appellant’s brief.

§41.68: Respondent’s brief.

§41.69: Examiner’s answer.

§41.71: Rebuttal brief.

§41.73: Oral hearing.

§41.77: Decisions and other actions by the Board.

§41.79: Rehearing.

§41.81: Action following decision.

Subpart D - Contested Cases

§41.100: Definitions.

§41.101: Notice of proceeding.

§41.102: Completion of examination.

§41.103: Jurisdiction over involved files.

§41.104: Conduct of contested cases.

§41.106: Filing and service.

§41.108: Lead counsel.

§41.109: Access to and copies of Office records.

§41.110: Filing claim information.

§41.120: Notice of basis for relief.

§41.121: Motions.

§41.122: Oppositions and replies.

§41.123: Default filing times.

§41.124: Oral argument.

§41.125: Decision on motions.

§41.126: Arbitration.

§41.127: Judgment.

§41.128: Sanctions.

§41.150: Discovery.

§41.151: Admissibility.

§41.152: Applicability of the Federal Rules of Evidence.

§41.153: Records of the Office.

§41.154: Form of evidence.

§41.155: Objection; motion to exclude; motion in limine.

§41.156: Compelling testimony and production.

§41.157: Taking testimony.

§41.158: Expert testimony; tests and data.

Subpart E - Patent Interferences

§41.200: Procedure; pendency.

§41.201: Definitions.

§41.202: Suggesting an interference.

§41.203: Declaration.

§41.204: Notice of basis for relief.

§41.205: Settlement agreements.

§41.206: Common interests in the invention.

§41.207: Presumptions.

§41.208: Content of substantive and responsive motions.