37 CFR Part 228 — Claimant's Failure to Proceed

PART 228—CLAIMANT'S FAILURE TO PROCEED Authority: 17 U.S.C. 702, 1510. Source: 87 FR 30088, May 17, 2022, unless otherwise noted. § 228.1 Claimant or counterclaimant's failure to complete service. (a) Failure to serve a respondent who is not a necessary party. (b) Failure to serve a respondent who is a necessary party. (c) Complete failure to serve respondents. § 228.2 Claimant or counterclaimant's failure to prosecute. (a) General. active proceeding (b) Contents of failure to prosecute notice. (2) If the claimant or counterclaimant has failed to respond 15 days after the notice of the failure to proceed, the Board shall send a second notice to the claimant or counterclaimant according to the procedures set forth in paragraph (b)(1) of this section. Such notice shall attach the first notice and shall remind the claimant or counterclaimant that it must respond and meet the missed deadline or requirement within 30 days from the date of the first notice. (c) Response to failure to prosecute notice. (2) If the claimant or counterclaimant fails to cure the missed deadline or requirement within the time specified by the notice but submits a response that indicates an intent to re-engage with the proceeding pursuant to the procedures set forth in § 220.5(a)(1) of this subchapter, the Board shall consider the response and either provide the claimant or counterclaimant with additional time to cure the missed deadline or requirement or issue a determination dismissing the claims or counterclaims. (3) If the claimant or counterclaimant fails to cure the missed deadline or requirement within the time specified by the notice and does not otherwise respond to the notice, the Board shall issue a determination dismissing the claims or counterclaims. (d) Determination dismissing claims or counterclaims. active proceeding (e) Vacating a determination dismissing claims or counterclaims. (f) Multiple missed deadlines. [87 FR 30088, May 17, 2022; 87 FR 36061, June 15, 2022]

Related documents

• 39 CFR Part 3022 — Rules for Complaints#509333
• 45 CFR Part 504 — Filing of Claims and Procedures Therefor#510382
• 5 CFR Part 178 — Procedures for Settling Claims#503994
• 37 CFR Part 224 — Review of Claims by Officers and Attorneys#509157
• 33 CFR Part 25 — Claims#508730