37 CFR 42.106: Filing date

Taken from the Ninth Edition of the MPEP, Revision 07.2022, Published February 2023

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42.106    Filing date.

  • (a) Complete petition. A petition to institute inter partes review will not be accorded a filing date until the petition satisfies all of the following requirements:
    • (1) Complies with § 42.104;
    • (2) Effects service of the petition on the correspondence address of record as provided in § 42.105(a); and
    • (3) Is accompanied by the fee to institute required in § 42.15(a).
  • (b) Incomplete petition. Where a party files an incomplete petition, no filing date will be accorded, and the Office will dismiss the petition if the deficiency in the petition is not corrected within one month from the notice of an incomplete petition.
[Added, 77 FR 48680, Aug. 14, 2012, effective Sept. 16, 2012]