---
kind: "section"
citation: "37 C.F.R. § 41.106"
title: "37"
number: "41.106"
heading: "Filing and service."
url: "https://uscodex.org/cfr/37/41.106"
---

# §41.106. Filing and service.

- (a) **General format requirements.**
  - (1) The paper used for filings must be durable and white. A party must choose to file on either A4-sized paper or 8 1/2 inch × 11 inch paper except in the case of exhibits that require a larger size in order to preserve details of the original. A party may not switch between paper sizes in a single proceeding. Only one side of the paper may be used.
  - (2) **In papers, including affidavits, created for the proceeding—**
    - (i) Markings must be in black ink or must otherwise provide an equivalently permanent, dark, high-contrast image on the paper. The quality of printing must be equivalent to the quality produced by a laser printer. Either a proportional or monospaced font may be used, but the proportional font must be 12-point or larger and a monospaced font must not contain more than 4 characters per centimeter (10 characters per inch). Case names must be underlined or italicized.
    - (ii) Double spacing must be used except in headings, tables of contents, tables of authorities, indices, signature blocks, and certificates of service. Block quotations may be single-spaced and must be indented. Margins must be at least 2.5 centimeters (1 inch) on all sides.
- (b) **Papers other than exhibits—**
  - (1) **Cover sheet.**
    - (i) The cover sheet must include the caption the Board specifies for the proceeding, a header indicating the party and contact information for the party, and a title indicating the sequence and subject of the paper. For example, “JONES MOTION 2, For benefit of an earlier application”.
    - (ii) If the Board specifies a color other than white for the cover sheet, the cover sheet must be that color.
  - (2) Papers must have two 0.5 cm ( 1/4 inch) holes with centers 1 cm ( 1/2 inch) from the top of the page and 7 cm (2 3/4 inch) apart, centered horizontally on the page.
  - (3) **Incorporation by reference; combined papers.** Arguments must not be incorporated by reference from one paper into another paper. Combined motions, oppositions, replies, or other combined papers are not permitted.
  - (4) **Exhibits.** Additional requirements for exhibits appear in [§ 41.154(c)](/cfr/37/41.154.md?p=c).
- (c) **Working copy.** Every paper filed must be accompanied by a working copy marked “APJ Copy”.
- (d) **Specific filing forms—**
  - (1) **Filing by mail.** A paper filed using the Priority Mail Express® service of the United States Postal Service will be deemed to be filed as of “date accepted” on the Priority Mail Express® mailing label; otherwise, mail will be deemed to be filed as of the stamped date of receipt at the Board.
  - (2) **Other modes of filing.** The Board may authorize other modes of filing, including electronic filing and hand filing, and may set conditions for the use of such other modes.
- (e) **Service.**
  - (1) Papers filed with the Board, if not previously served, must be served simultaneously on every opposing party except as the Board expressly directs.
  - (2) If a party is represented by counsel, service must be on counsel.
  - (3) Service must be by Priority Mail Express® or by means at least as fast and reliable as Priority Mail Express®. Electronic service is not permitted without Board authorization.
  - (4) **The date of service does not count in computing the time for responding.**
- (f) **Certificate of service.**
  - (1) Papers other than exhibits must include a certificate of service as a separate page at the end of each paper that must be served on an opposing party.
  - (2) Exhibits must be accompanied by a certificate of service, but a single certificate may accompany any group of exhibits submitted together.
  - (3) A certificate of service must state:
    - (i) The date and manner of service,
    - (ii) The name and address of every person served, and
    - (iii) **For exhibits filed as a group, the name and number of each exhibit served.**
  - (4) A certificate made by a person other than a registered practitioner must be in the form of an affidavit.

## Notes

### Amendments

[69 FR 50003, Aug. 12, 2004, as amended at 79 FR 63043, Oct. 22, 2014; 88 FR 78650, Nov. 16, 2023]

### Authority

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29.

### Source

Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.

### Amendments

[69 FR 50003, Aug. 12, 2004, as amended at 79 FR 63043, Oct. 22, 2014; 88 FR 78650, Nov. 16, 2023]