37 CFR Part 42 Index

Trial Practice Before The Patent Trial And Appeal Board

Taken from the Ninth Edition of the MPEP, Revision 01.2024, Published November 2024

Part 42 - Trial Practice Before The Patent Trial And Appeal Board


Subpart A - Trial Practice And Procedure

General

§42.1: Policy.

§42.2: Definitions.

§42.3: Jurisdiction.

§42.4: Notice of trial.

§42.5: Conduct of the proceeding.

§42.6: Filing of documents, including exhibits; service.

§42.7: Management of the record.

§42.8: Mandatory notices.

§42.9: Action by patent owner.

§42.10: Counsel.

§42.11: Duty of candor; signing papers; representations to the Board; sanctions.

§42.12: Sanctions.

§42.13: Citation of authority.

§42.14: Public availability.

Fees

§42.15: Fees.

Petition And Motion Practice

§42.20: Generally.

§42.21: Notice of basis for relief.

§42.22: Content of petitions and motions.

§42.23: Oppositions, replies, and sur-replies.

§42.24: Type-volume or page limits for petitions, motions, oppositions, replies, and sur-replies.

§42.25: Default filing times.

Testimony And Production

§42.51: Discovery.

§42.52: Compelling testimony and production.

§42.53: Taking testimony.

§42.54: Protective order.

§42.55: Confidential information in a petition.

§42.56: Expungement of confidential information.

§42.57: Privilege for patent practitioners.

§42.61: Admissibility.

§42.62: Applicability of the Federal rules of evidence.

§42.63: Form of evidence.

§42.64: Objection; motion to exclude.

§42.65: Expert testimony; tests and data.

Oral Argument, Decision, And Settlement

§42.70: Oral argument.

§42.71: Decision on petitions or motions.

§42.72: Termination of trial.

§42.73: Judgment.

§42.74: Settlement.

Certificate

§42.80: Certificate.

Subpart B - Inter Partes Review

General

§42.100: Procedure; pendency.

§42.101: Who may petition for inter partes review.

§42.102: Time for filing.

§42.103: Inter partes review fee.

§42.104: Content of petition.

§42.105: Service of petition.

§42.106: Filing date.

§42.107: Preliminary response to petition.

Instituting Inter Partes Review

§42.108: Institution of inter partes review.

After Institution Of Inter Partes Review

§42.120: Patent owner response.

§42.121: Amendment of the patent.

§42.122: Multiple proceedings and Joinder.

§42.123: Filing of supplemental information.

Subpart C - Post-Grant Review

General

§42.200: Procedure; pendency.

§42.201: Who may petition for a post-grant review.

§42.202: Time for filing.

§42.203: Post-grant review fee.

§42.204: Content of petition.

§42.205: Service of petition.

§42.206: Filing date.

§42.207: Preliminary response to petition.

Instituting Post-Grant Review

§42.208: Institution of post-grant review.

After Institution Of Post-Grant Review

§42.220: Patent owner response.

§42.221: Amendment of the patent.

§42.222: Multiple proceedings and Joinder.

§42.223: Filing of supplemental information.

§42.224: Discovery.

Subpart D - Transitional Program For Covered Business Method Patents

§42.300: Procedure; pendency.

§42.301: Definitions.

§42.302: Who may petition for a covered business method patent review.

§42.303: Time for filing.

§42.304: Content of petition.

Subpart E - Derivation

§42.400: Procedure; pendency

§42.401: Definitions.

§42.402: Who may file a petition for a derivation proceeding.

§42.403: Time for filing.

§42.404: Derivation fee.

§42.405: Content of petition.

§42.406: Service of petition.

§42.407: Filing date.

Instituting Derivation Proceeding

§42.408: Institution of derivation proceeding.

After Institution Of Derivation Proceeding

§42.409: Settlement agreements.

§42.410: Arbitration.

§42.411: Common interests in the invention.

§42.412: Public availability of Board records.