37 CFR 42.24 — Type-volume or page limits for petitions, motions, oppositions, replies, and sur-replies

37 CFR 42.24 — Type-volume or page limits for petitions, motions, oppositions, replies, and sur-replies.

(i) Petition requesting inter partes review: 14,000 words.

(ii) Petition requesting post-grant review: 18,700 words.

(iii) Petition requesting covered business method patent review: 18,700 words.

(iv) Petition requesting derivation proceeding: 14,000 words.

(v) Motions (excluding motions to amend): 15 pages.

(vi) Motions to Amend: 25 pages.

(2) Petitions to institute a trial must comply with the stated word counts but may be accompanied by a motion to waive the word counts. The petitioner must show in the motion how a waiver of the word counts is in the interests of justice and must append a copy of proposed petition exceeding the word count to the motion. If the motion is not granted, the proposed petition exceeding the word count may be expunged or returned. Any other motion to waive word counts or page limits must be granted in advance of filing a motion, opposition, or reply for which the waiver is necessary.

(1) The word counts for a patent owner preliminary response to petition are the same as the word counts for the petition.

(2) The word counts for a patent owner response to petition are the same as the word counts for the petition.

(3) The page limits for oppositions are the same as those for corresponding motions.

(1) Replies to patent owner responses to petitions: 5,600 words.

(2) Replies to oppositions (excluding replies to oppositions to motions to amend): 5 pages.

(3) Replies to oppositions to motions to amend: 12 pages.

(4) Sur-replies to replies to patent owner responses to petitions: 5,600 words.

(d) Certification. Any paper whose length is specified by type-volume limits must include a certification stating the number of words in the paper. A party may rely on the word count of the word-processing system used to prepare the paper.

[Added, 77 FR 48612, Aug. 14, 2012, effective Sept. 16, 2012; para. (a)(1) introductory text, para. (a)(1)(v), para. (c) introductory text first sentence, and paras. (c)(1) and (c)(2) revised and paras. (a)(1)(vi) and (c)(3) added, 80 FR 28561, May 19, 2015, effective May 19, 2015; revised, 81 FR 18750, Apr. 1, 2016, effective May 2, 2016; para. (a)(1) corrected, 81 FR 24702, Apr. 27, 2016, effective May 2, 2016; section heading and para. (c) introductory text revised and para. (c)(4) added, 85 FR 79120, Dec. 9, 2020, effective Jan. 8, 2021]

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