37 CFR 42.100: Procedure; pendency

Taken from the Ninth Edition of the MPEP, Revision 07.2015, Last Revised in November 2015

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42.100    Procedure; pendency.

  • (a) An inter partes review is a trial subject to the procedures set forth in subpart A of this part.
  • (b) A claim in an unexpired patent shall be given its broadest reasonable construction in light of the specification of the patent in which it appears.
  • (c) An inter partes review proceeding shall be administered such that pendency before the Board after institution is normally no more than one year. The time can be extended by up to six months for good cause by the Chief Administrative Patent Judge, or adjusted by the Board in the case of joinder.
[Added, 77 FR 48680, Aug. 14, 2012, effective Sept. 16, 2012]