37 CFR § 42.1 - Policy.

---
identifier: "/us/cfr/t37/s42.1"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 42.1 - Policy."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "42.1"
section_name: "Policy."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "42"
part_name: "TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "35 U.S.C. 2(b)(2), 3, 6, 21, 23, 41, 134, 135, 143, 153, 311, 312, 314, 316, 318, 321-326, 328; Pub. L. 112-29, 125 Stat. 284; and Pub. L. 112-274, 126 Stat. 2456."
regulatory_source: "77 FR 48669, Aug. 14, 2012, unless otherwise noted."
cfr_part: "42"
---


# 42.1 Policy.

(a) *Scope.* Part 42 governs proceedings before the Patent Trial and Appeal Board. Sections 1.4, 1.7, 1.14, 1.16, 1.22, 1.23, 1.25, 1.26, 1.32, 1.34, and 1.36 of this chapter also apply to proceedings before the Board, as do other sections of part 1 of this chapter that are incorporated by reference into this part.

(b) *Construction.* This part shall be construed to secure the just, speedy, and inexpensive resolution of every proceeding.

(c) *Decorum.* Every party must act with courtesy and decorum in all proceedings before the Board, including in interactions with other parties.

(d) *Evidentiary standard.* The default evidentiary standard is a preponderance of the evidence.