---
kind: "section"
citation: "37 C.F.R. § 41.204"
title: "37"
number: "41.204"
heading: "Notice of basis for relief."
url: "https://uscodex.org/cfr/37/41.204"
---

# §41.204. Notice of basis for relief.

- (a) **Priority statement.**
  - (1) A party may not submit evidence of its priority in addition to its accorded benefit unless it files a statement setting forth all bases on which the party intends to establish its entitlement to judgment on priority.
  - (2) **The priority statement must—**
    - (i) State the date and location of the party's earliest corroborated conception,
    - (ii) State the date and location of the party's earliest corroborated actual reduction to practice,
    - (iii) State the earliest corroborated date on which the party's diligence began, and
    - (iv) Provide a copy of the earliest document upon which the party will rely to show conception.
  - (3) If a junior party fails to file a priority statement overcoming a senior party's accorded benefit, judgment shall be entered against the junior party absent a showing of good cause.
- (b) **Other substantive motions.** The Board may require a party to list the motions it intends to file, including sufficient detail to place the Board and the opponent on notice of the precise relief sought.
- (c) **Filing and service.** The Board will set the times for filing and serving statements required under this section.

## Notes

### 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.