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.