37 CFR 42.224: Discovery

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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42.224    Discovery.

Notwithstanding the discovery provisions of subpart A:

  • (a) Requests for additional discovery may be granted upon a showing of good cause as to why the discovery is needed; and
  • (b) Discovery is limited to evidence directly related to factual assertions advanced by either party in the proceeding.
[Applicability Note: Subpart C (Post-Grant Review) generally applies to patents issuing from applications subject to first-inventor-to-file provisions of the AIA. In addition, the Chief Administrative Patent Judge may, in the interests-of-justice, order an interference commenced before September 16, 2012 to be dismissed without prejudice to the filing of a petition for post-grant review. See § 42.200(d) and the Leahy-Smith America Invents Act, Public Law 112-29, sec. 6(f)(3)(A).]
[Added, 77 FR 48680, Aug. 14, 2012, effective Sept. 16, 2012]