---
kind: "section"
citation: "37 C.F.R. § 41.3"
title: "37"
number: "41.3"
heading: "Petitions."
url: "https://uscodex.org/cfr/37/41.3"
---

# §41.3. Petitions.

- (a) **Deciding official.** Petitions must be addressed to the Chief Administrative Patent Judge. A panel or an administrative patent judge may certify a question of policy to the Chief Administrative Patent Judge for decision. The Chief Administrative Patent Judge may delegate authority to decide petitions.
- (b) **Scope.** This section covers petitions on matters pending before the Board (§§ [41.35](/cfr/37/41.35.md), [41.64](/cfr/37/41.64.md), [41.103](/cfr/37/41.103.md), and [41.205](/cfr/37/41.205.md)); otherwise, see [§§ 1.181 to 1.183](/cfr/37/1.181..1.183.md) of this title. The following matters are not subject to petition:
  - (1) Issues committed by statute to a panel, and
  - (2) **In pending contested cases, procedural issues.** See [§ 41.121(a)(3)](/cfr/37/41.121.md?p=a-3) and [§ 41.125(c)](/cfr/37/41.125.md?p=c).
- (c) **Petition fee.** The fee set in [§ 41.20(a)](/cfr/37/41.20.md?p=a) must accompany any petition under this section except no fee is required for a petition under this section seeking supervisory review.
- (d) **Effect on proceeding.** The filing of a petition does not stay the time for any other action in a Board proceeding.
- (e) **Time for action.**
  - (1) Except as otherwise provided in this part or as the Board may authorize in writing, a party may:
    - (i) File the petition within 14 days from the date of the action from which the party is requesting relief, and
    - (ii) File any request for reconsideration of a petition decision within 14 days of the decision on petition or such other time as the Board may set.
  - (2) A party may not file an opposition or a reply to a petition without Board authorization.

## Notes

### Amendments

[69 FR 50003, Aug. 12, 2004, as amended at 69 FR 58260, Sept. 30, 2004]

### 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 69 FR 58260, Sept. 30, 2004]