37 CFR 42.407: Filing date

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

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42.407    Filing date.

  • (a) Complete petition. A petition to institute a derivation proceeding will not be accorded a filing date until the petition satisfies all of the following requirements:
    • (1) Complies with §§ 42.404 and 42.405, and
    • (2) Service of the petition on the correspondence address of record as provided in § 42.406.
  • (b) Incomplete petition. Where the petitioner 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 the earlier of either one month from notice of the incomplete petition, or the expiration of the statutory deadline in which to file a petition for derivation.
[Added 77 FR 56068, Sept. 11, 2012, effective Mar. 16, 2013]