MPEP Q & A 217: What are the Section 42.23 paragraph (b) Amendments?

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Question:

What was Section 42.23 paragraph (b) amended to in the supplement entitled: Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board?

Answer:

Section 42.23 is amended by revising paragraph (b) to read as follows:

42.23 Oppositions and replies.
* * * * *
(b) All arguments for the relief requested in a motion must be made in the motion. A reply may only respond to arguments raised in the corresponding opposition, patent owner preliminary response, or patent owner response.

Chapter Details:

This question comes from the following supplement “Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board”. This is a special supplement that at the time of this recording is currently being tested on the Patent Bar exam. Depending on future changes to the supplement and the MPEP, the question and answer may not be applicable.

Section Summary:

This question comes from the following supplement: “Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board”.

Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board

This final rule amends the existing consolidated set of rules relating to the United States Patent and Trademark Office (Office or USPTO) trial practice for inter partes review (‘‘IPR’’), post-grant review (‘‘PGR’’), the transitional program for covered business method patents (‘‘CBM’’), and derivation proceedings that implemented provisions of the Leahy Smith America Invents Act (‘‘AIA’’) providing for trials before the Office.