C.F.R. » Title 37 » CHAPTER I—UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE › SUBCHAPTER A—GENERAL › PART 42—TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD › Subpart A—Trial Practice and Procedure

37 C.F.R. § 42.3

Jurisdiction

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(a) The Board may exercise exclusive jurisdiction within the Office over every involved application and patent during the proceeding, as the Board may order.

(b) A petition to institute a trial must be filed with the Board consistent with any time period required by statute.

Notes of Decisions
Cited in 2 cases, 2016–2019 · leading case: Click-To-Call Tech., Lp v. Oracle Corp. (Fed. Cir. 2016).
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Click-To-Call Tech., Lp v. Oracle Corp. (Fed. Cir. 2016). “” 37 C.F.R. § 42.3 (b) (in section headed “Jurisdiction,” providing that “[a] petition to institute a trial must be filed with the Board consistent with any time period required by statute”); see also 37 C.”
Honeywell Int'l Inc. v. Arkema Inc. (Fed. Cir. 2019). “323 ; Manual of Pa- tent Examining Procedure (“MPEP”) § 1485; see also 37 C.F.R. § 42.3 (a). Before doing so, the patentee must seek authorization from the Board to file the motion for leave—as is the case with all motions filed with the Board.”
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