37 CFR § 41.123 - Default filing times.
---
identifier: "/us/cfr/t37/s41.123"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 41.123 - Default filing times."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "41.123"
section_name: "Default filing times."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "41"
part_name: "PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29."
regulatory_source: "69 FR 50003, Aug. 12, 2004, unless otherwise noted."
cfr_part: "41"
---
# 41.123 Default filing times.
(a) A *motion,* other than a miscellaneous motion, may only be filed according to a schedule the Board sets. The default times for acting are:
(1) An *opposition* is due 30 days after service of the motion.
(2) A *reply* is due 30 days after service of the opposition.
(3) A *responsive motion* is due 30 days after the service of the motion.
(b) *Miscellaneous motions.* (1) If no time for filing a specific miscellaneous motion is provided in this part or in a Board order:
(i) The opposing party must be consulted prior to filing the miscellaneous motion, and
(ii) If an opposing party plans to oppose the miscellaneous motion, the movant may not file the motion without Board authorization. Such authorization should ordinarily be obtained through a telephone conference including the Board and every other party to the proceeding. Delay in seeking relief may justify a denial of the motion.
(2) An opposition may not be filed without authorization. The default times for acting are:
(i) An *opposition* to a miscellaneous motion is due five business days after service of the motion.
(ii) A *reply* to a miscellaneous motion opposition is due three business days after service of the opposition.
(c) *Exhibits.* Each exhibit must be filed and served with the first paper in which it is cited except as the Board may otherwise order.