37 CFR 42.24: Page limits for petitions, motions, oppositions, and replies

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

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42.24    Page limits for petitions, motions, oppositions, and replies.

  • (a) Petitions and motions.
    • (1) The following page limits for petitions and motions apply and include any statement of material facts to be admitted or denied in support of the petition or motion. The page limit does not include a table of contents, a table of authorities, a certificate of service, or appendix of exhibits or claim listing.
      • (i) Petition requesting inter partes review: 60 pages.
      • (ii) Petition requesting post-grant review: 80 pages.
      • (iii) Petition requesting covered business method patent review: 80 pages.
      • (iv) Petition requesting derivation proceeding: 60 pages.
      • (v) Motions (excluding Motions to Amend): 15 pages.
      • (vi) Motions to Amend: 25 pages.
    • (2) Petitions to institute a trial must comply with the stated page limits but may be accompanied by a motion to waive the page limits. The petitioner must show in the motion how a waiver of the page limits is in the interests of justice and must append a copy of proposed petition exceeding the page limit to the motion. If the motion is not granted, the proposed petition exceeding the page limit may be expunged or returned. Any other motion to waive page limits must be granted in advance of filing a motion, opposition, or reply for which the waiver is necessary.
  • (b) Patent owner responses and oppositions. The page limits set forth in this paragraph do not include a listing of facts which are admitted, denied, or cannot be admitted or denied.
    • (1) The page limits for a patent owner preliminary response to petition are the same as the page limits for the petition.
    • (2) The page limits for a patent owner response to petition are the same as the page limits for the petition.
    • (3) The page limits for oppositions are the same as those for corresponding motions.
  • (c) Replies. The following page limits for replies apply and include any statement of facts in support of the reply. The page limits do not include a table of contents, a table of authorities, a listing of facts which are admitted, denied, or cannot be admitted or denied, a certificate of service, or appendix of exhibits.
    • (1) Replies to patent owner responses to petitions: 25 pages.
    • (2) Replies to oppositions (excluding replies to oppositions to Motions to Amend): 5 pages.
    • (3) Replies to oppositions to Motions to Amend: 12 pages.
[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012; para. (a)(1) introductory text, para. (a)(1)(v), para. (c) introductory text first sentence, and paras. (c)(1) and (c)(2) revised and paras. (a)(1)(vi) and (c)(3) added, 80 FR 28561, May 19, 2015, effective May 19, 2015]