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37 CFR § 42.62 - Applicability of the Federal rules of evidence. 

---
identifier: "/us/cfr/t37/s42.62"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 42.62 - Applicability of the Federal rules of evidence."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "42.62"
section_name: "Applicability of the Federal rules of evidence."
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"
---

# 42.62 Applicability of the Federal rules of evidence.

(a) *Generally.* Except as otherwise provided in this subpart, the Federal Rules of Evidence shall apply to a proceeding.

(b) *Exclusions.* Those portions of the Federal Rules of Evidence relating to criminal proceedings, juries, and other matters not relevant to proceedings under this subpart shall not apply.

(c) *Modifications in terminology.* Unless otherwise clear from context, the following terms of the Federal Rules of Evidence shall be construed as indicated:

*Appellate court* means United States Court of Appeals for the Federal Circuit.

*Civil action, civil proceeding,* and *action* mean a proceeding before the Board under part 42.

*Courts of the United States, U.S. Magistrate,* *court, trial court,* *trier of fact,* and *judge* mean Board.

*Hearing* means, as defined in Federal Rule of Evidence 804(a)(5), the time for taking testimony.

*Judicial notice* means official notice.

*Trial* or *hearing* in Federal Rule of Evidence 807 means the time for taking testimony.

(d) In determining foreign law, the Board may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Federal Rules of Evidence.