37 CFR 42.300: Procedure; pendency

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

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42.300    Procedure; pendency.

  • (a) A covered business method patent review is a trial subject to the procedures set forth in subpart A of this part and is also subject to the post-grant review procedures set forth in subpart C except for §§ 42.200, 42.201, 42.202, and 42.204.
  • (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) A covered business method patent 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.
  • (d) The rules in this subpart are applicable until September 15, 2020, except that the rules shall continue to apply to any petition for a covered business method patent review filed before the date of repeal.
[Added, 77 FR 48680, Aug. 14, 2012, effective Sept. 16, 2012; para. (c) revised, 80 FR 28561, May 19, 2015, effective May 19, 2015]