Proceeding [Patents] Law and Legal Definition
According to 37 CFR 41.30 [Title 37 -- Patents, Trademarks, and Copyrights; Chapter I -- United States Patent and Trademark Office, Department of Commerce; Subchapter A – General; Part 41 -- Practice Before the Board of Patent Appeals and Interferences; Subpart B -- Ex Parte Appeals], the term proceeding means “either a national application for a patent, an application for reissue of a patent, or an ex parte reexamination proceeding. Appeal to the Board in an inter partes reexamination proceeding is controlled by subpart C of this part.”
According to 37 CFR 41.60 [Title 37 -- Patents, Trademarks, and Copyrights; Chapter I -- United States Patent and Trademark Office, Department of Commerce; Subchapter A – General; Part 41 -- Practice Before the Board of Patent Appeals and Interferences; Subpart C -- Inter Partes Appeals], the term proceeding means “an inter partes reexamination proceeding. Appeal to the Board in an ex parte reexamination proceeding is controlled by subpart B of this part. An inter partes reexamination proceeding is not a contested case subject to subpart D.”
