[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR41.3]

[Page 385]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 41_PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 41.3  Petitions.

    (a) Deciding official. Petitions must be addressed to the Chief 
Administrative Patent Judge. A panel or an administrative patent judge 
may certify a question of policy to the Chief Administrative Patent 
Judge for decision. The Chief Administrative Patent Judge may delegate 
authority to decide petitions.
    (b) Scope. This section covers petitions on matters pending before 
the Board (Sec. Sec. 41.35, 41.64, 41.103, and 41.205); otherwise, see 
Sec. Sec. 1.181 to 1.183 of this title. The following matters are not 
subject to petition:
    (1) Issues committed by statute to a panel, and
    (2) In pending contested cases, procedural issues. See Sec. 
41.121(a)(3) and Sec. 41.125(c).
    (c) Petition fee. The fee set in Sec. 41.20(a) must accompany any 
petition under this section except no fee is required for a petition 
under this section seeking supervisory review.
    (d) Effect on proceeding. The filing of a petition does not stay the 
time for any other action in a Board proceeding.
    (e) Time for action. (1) Except as otherwise provided in this part 
or as the Board may authorize in writing, a party may:
    (i) File the petition within 14 days from the date of the action 
from which the party is requesting relief, and
    (ii) File any request for reconsideration of a petition decision 
within 14 days of the decision on petition or such other time as the 
Board may set.
    (2) A party may not file an opposition or a reply to a petition 
without Board authorization.

[69 FR 50003, Aug. 12, 2004, as amended at 69 FR 58260, Sept. 30, 2004]

    Effective Date Note: At 73 FR 32973, June 10, 2008, Sec. 41.3 was 
amended by revising paragraphs (a) and (b), effective December 10, 2008. 
For the convenience of the user, the revised text is set forth as 
follows:


 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 41_PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 41.3  Petitions.

    (a) Deciding official. A petition authorized by this part must be 
addressed to the Chief Administrative Patent Judge. The Chief 
Administrative Patent Judge may delegate authority to decide petitions.
    (b) Scope. This section covers petitions on matters pending before 
the Board, petitions authorized by this part and petitions seeking 
relief under 35 U.S.C. 135(c); otherwise see Sec. Sec. 1.181 to 1.183 
of this title. The following matters are not subject to petition:
    (1) Issues committed by statute to a panel.
    (2) In pending contested cases, procedural issues. See Sec. 
41.121(a)(3) and Sec. 41.125(c).

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