| Patents > Search Collections > MPEP > § 41.208 Content of substantive and responsive motions. - Appendix R Patent Rules |
|
|
|
Go to MPEP - Table of Contents
§ 41.208 Content of substantive and responsive motions. - Appendix R Patent Rules
§ 41.208 Content of substantive and responsive motions.
The general requirements for motions in contested cases are stated at § 41.121(c).
(a) In an interference, substantive motions must:
(1) Raise a threshold issue,
(2) Seek to change the scope of the definition of the interfering subject matter or the correspondence of claims to the count,
(3) Seek to change the benefit accorded for the count, or
(4) Seek judgment on derivation or on priority.
(b) To be sufficient, a motion must provide a showing, supported with appropriate evidence, such that, if unrebutted, it would justify the relief sought. The burden of proof is on the movant.
(c) Showing patentability. (1) A party moving to add or amend a claim must show the claim is patentable.
(2) A party moving to add or amend a count must show the count is patentable over prior art.
[Added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004]
SUBCHAPTER B - ADMINISTRATION
PART 102 - DISCLOSURE OF GOVERNMENT INFORMATION
Subpart A - Freedom of Information Act
The Inventors Assistance Center is available to help you on patent matters.Send questions about USPTO programs and services to the USPTO Contact Center (UCC). You can suggest USPTO webpages or material you would like featured on this section by E-mail to the webmaster@uspto.gov. While we cannot promise to accommodate all requests, your suggestions will be considered and may lead to other improvements on the website. |
|
|
Go to MPEP - Table of Contents
=online
business system 
=fees 
=forms
=help 
=laws/regulations 
=definition
(glossary)