37 CFR 41 - PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES

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Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135. Link to an amendment published at 73 FR 32972, June 10, 2008. Per final rule published at 73 FR 74972, December 10, 2008, the effective date of the above June 10, 2008 amendment is delayed.

Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.

Title 37 published on 2011-07-01

The following are only the Rules published in the Federal Register after the published date of Title 37.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2011-11-22; vol. 76 # 225 - Tuesday, November 22, 2011

76 FR 72270 - Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-29446
RIN	0651-AC37
No.	PTO-P-2009-0021

DEPARTMENT OF COMMERCE, United States Patent and Trademark Office

Final rule.

Effective Date: This rule is effective on January 23, 2012 except withdrawal of the final rule published June 10, 2008 (73 FR 32938) and delayed indefinitely on December 10, 2008 (73 FR 74972) is effective November 22, 2011. Applicability Date: This rule is applicable to all appeals in which a notice of appeal is filed on or after January 23, 2012.

37 CFR Parts 1 and 41

Summary

The United States Patent and Trademark Office (USPTO or Office) amends the rules governing practice before the Board of Patent Appeals and Interferences (Board or BPAI) in ex parte patent appeals. The Office amends the rules to: Remove several of the briefing requirements for an appeal brief, provide for the Board to take jurisdiction over the appeal earlier in the appeal process, no longer require examiners to acknowledge receipt of reply briefs, create specified procedures under which an appellant can seek review of an undesignated new ground of rejection in either an examiner's answer or in a Board decision, provide that the Board will presume that the appeal is taken from the rejection of all claims under rejection unless cancelled by an applicant's amendment, and clarify that, for purposes of the examiner's answer, any rejection that relies upon Evidence not relied upon in the Office action from which the appeal is taken shall be designated as a new ground of rejection. The Office also withdraws a previously published final rule that never went into effect.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

35 USC 134 - Appeal to the Board of Patent Appeals and Interferences

35 USC 135 - Interferences

35 USC 2 - Powers and duties

35 USC 21 - Filing date and day for taking action

35 USC 23 - Testimony in Patent and Trademark Office cases

35 USC 3 - Officers and employees

35 USC 32 - Suspension or exclusion from practice

35 USC 41 - Patent fees; patent and trademark search systems

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 37 CFR 41

2011-11-22; vol. 76 # 225 - Tuesday, November 22, 2011

76 FR 72270 - Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-29446
RIN	0651-AC37
No.	PTO-P-2009-0021

DEPARTMENT OF COMMERCE, United States Patent and Trademark Office

Final rule.

Effective Date: This rule is effective on January 23, 2012 except withdrawal of the final rule published June 10, 2008 (73 FR 32938) and delayed indefinitely on December 10, 2008 (73 FR 74972) is effective November 22, 2011. Applicability Date: This rule is applicable to all appeals in which a notice of appeal is filed on or after January 23, 2012.

37 CFR Parts 1 and 41

Summary

The United States Patent and Trademark Office (USPTO or Office) amends the rules governing practice before the Board of Patent Appeals and Interferences (Board or BPAI) in ex parte patent appeals. The Office amends the rules to: Remove several of the briefing requirements for an appeal brief, provide for the Board to take jurisdiction over the appeal earlier in the appeal process, no longer require examiners to acknowledge receipt of reply briefs, create specified procedures under which an appellant can seek review of an undesignated new ground of rejection in either an examiner's answer or in a Board decision, provide that the Board will presume that the appeal is taken from the rejection of all claims under rejection unless cancelled by an applicant's amendment, and clarify that, for purposes of the examiner's answer, any rejection that relies upon Evidence not relied upon in the Office action from which the appeal is taken shall be designated as a new ground of rejection. The Office also withdraws a previously published final rule that never went into effect.

2011-06-27; vol. 76 # 123 - Monday, June 27, 2011

76 FR 37296 - Revision of Patent Fees for Fiscal Year 2012

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-16001
RIN	0651-AC44
	PTO-C-2010-0019

DEPARTMENT OF COMMERCE, United States Patent and Trademark Office

Proposed rule.

Written comments must be received on or before July 27, 2011. No public hearing will be held.

37 CFR Parts 1 and 41

Summary

The United States Patent and Trademark Office (Office) is proposing to adjust certain patent fee amounts for fiscal year 2012 to reflect fluctuations in the Consumer Price Index (CPI). The patent statute provides for the annual CPI adjustment of patent fees set by statute to recover the higher costs associated with doing business.

37 CFR 41 - PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES

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