Effective Date Clarification and FAQs for BPAI Rule Changes

U.S. Patent and Trademark Office has received inquiries as to how the effective date provision of the new rules for the Board of Patent Appeals and Interferences apply to certain situations. This notice provides clarification as to how the Office is implementing the effective date provision.

Generally, any paper filed by applicants or mailed by the Office on or after September 13, 2004 must comply with the rules as set forth in the BPAI final rule. Appeal briefs filed prior to September 13, 2004 must either comply with former §1.192 or new §41.37. A certificate of mailing or transmission in compliance with §1.8 will be applicable to determine if a paper was filed prior to the effective date of September 13, 2004 in order to determine which rule applies.

Examples of certain situations are set forth in the ten questions and answers at the bottom of the Notice. Click here for a list of other Frequently Asked Questions about the BPAI rule changes.