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E9_R-10.2019 (Current)
E9_R-08.2017.
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Blue Pages - Introduction
Title Page - Manual of PATENT EXAMINING PROCEDURE
Foreword - Foreword
Introduction - Constitutional Basis
0100 - Secrecy, Access, National Security, and Foreign Filing
101 - General
102 - Information as to Status of an Application
103 - Right of Public To Inspect Patent Files and Some Application Files
104 - Power to Inspect Application
105 - Suspended or Excluded Practitioner Cannot Inspect
106 - Control of Inspection by Assignee
106.01 - Rights of Assignee of Part Interest
110 - Confidential Nature of International Applications
115 - Review of Applications for National Security and Property Rights Issues
120 - Secrecy Orders
121 - Handling of Applications and Other Papers Bearing Security Markings
130 - Examination of Secrecy Order Cases
140 - Foreign Filing Licenses
150 - Statements to DOE and NASA
151 - Content of the Statements
0200 - Types, Cross-Noting, and Status of Application
201 - Types of Applications
201.01 - Sole
201.02 - Joint
201.03 - Correction of Inventorship in an Application
201.04 - Parent Application
201.04(a) - Original Application
201.04(b) - Provisional Application
201.05 - Reissue Application
201.06 - Divisional Application
201.06(a) - Former 37 CFR 1.60 Divisional-Continuation Procedure
201.06(b) - Former 37 CFR 1.62 File Wrapper Continuing Procedure
201.06(c) - 37 CFR 1.53(b) and 37 CFR 1.63(d) Divisional-Continuation Procedure
201.06(d) - 37 CFR 1.53(d) Continued Prosecution Application (CPA) Practice
201.07 - Continuation Application
201.08 - Continuation-in-Part Application
201.09 - Substitute Application
201.10 - Refile
201.11 - Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e)
201.11(a) - Filing of Continuation or Continuation-in-Part Application During Pendency of International Application Designating the United States
201.12 - Title to an Application Claiming Benefit of an Earlier Application
201.13 - Right of Priority of Foreign Application
201.13(a) - Right of Priority Based Upon an Application for an Inventor’s Certificate
201.13(b) - Right of Priority Based Upon an International Application Filed Under the Patent Cooperation Treaty
201.14 - Right of Priority, Formal Requirements
201.14(a) - Right of Priority, Time for Filing Papers
201.14(b) - Right of Priority, Papers Required
201.14(c) - Right of Priority, Practice
201.14(d) - Proper Identification of Priority Application
201.15 - Right of Priority, Overcoming a Reference
201.16 - Using Certificate of Correction to Perfect Claim for Priority Under 35 U.S.C. 119(a)-(d) or (f)
201.17 - Incorporation by Reference Under 37 CFR 1.57(a)
202 - Cross-Noting
202.02 - Notation in File History Regarding Prior U.S. Applications, Including Provisional Applications
202.03 - Notation on File Wrapper When Priority Is Claimed for Foreign Application
202.04 - In Oath or Declaration
203 - Status of Applications
203.01 - New
203.02 - Rejected
203.03 - Amended
203.04 - Allowed or in Issue
203.05 - Abandoned
203.06 - Incomplete
203.08 - Status Inquiries
203.08(a) - Congressional and Other Official Inquiries
0300 - Ownership and Assignment
301 - Ownership/Assignability of Patents and Applications
301.01 - Accessibility of Assignment Records
302 - Recording of Assignment Documents
302.01 - Assignment Document Must Be Copy for Recording
302.02 - Translation of Assignment Document
302.03 - Identifying Patent or Application
302.04 - Foreign Assignee May Designate Domestic Representative
302.05 - Address of Assignee
302.06 - Fee for Recording
302.07 - Assignment Document Must Be Accompanied by a Cover Sheet
302.08 - Mailing Address for Submitting Assignment Documents
302.09 - Facsimile Submission of Assignment Documents
302.10 - Electronic Submission of Assignment Documents
303 - Assignment Documents Not Endorsed on Pending Applications
306 - Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application
306.01 - Assignment of an Application Claiming the Benefits of a Provisional Application
307 - Issue to Assignee
309 - Restrictions Upon Employees of U.S. Patent and Trademark Office
310 - Government License Rights to Contractor-Owned Inventions Made Under Federally Sponsored Research and Development
311 - Filing of Notice of Arbitration Awards
313 - Recording of Licenses, Security Interests, and Other Documents Other Than Assignments
314 - Certificates of Change of Name or of Merger
315 - Indexing Against a Recorded Certificate
317 - Handling of Documents in the Assignment Division
317.01 - Recording Date
317.02 - Correction of Unrecorded Returned Documents and Cover Sheets
317.03 - Effect of Recording
318 - Documents Not to be Placed in Files
320 - Title Reports
323 - Procedures for Correcting Errors in Recorded Assignment Document
323.01 - Correction of Error in Recorded Cover Sheet
323.01(a) - Typographical Errors in Cover Sheet
323.01(b) - Typographical Errors in Recorded Assignment Document
323.01(c) - Assignment or Change of Name Improperly Filed and Recorded by Another Person Against Owner’s Application or Patent
323.01(d) - Expungement of Assignment Records
324 - Establishing Right of Assignee To Take Action
0400 - Representative of Inventor or Owner
401 - U.S. Patent and Trademark Offic Cannot Aid in Selection of Attorney
402 - Power of Attorney; Acting in a Representative Capacity
402.01 - Exceptions as to Registration
402.02 - Appointment of Associate Attorney or Agent
402.05 - Revocation
402.06 - Attorney or Agent Withdraws
402.07 - Assignee Can Revoke Power of Attorney of Applicant and Appoint New Power of Attorney
402.08 - Application in Interference
402.09 - International Application
402.10 - Appointment/Revocation by Less Than All Applicants or Owners
403 - Correspondence — With Whom Held
403.01 - Correspondence Held With Associate Attorney
403.02 - Two Patent Practitioners for Same Application
404 - Conflicting Parties Having Same Patent Practitioner
405 - Patent Practitioner Not of Record
406 - Death of Patent Practitioner
407 - Suspended or Excluded Patent Practitioner
408 - Telephoning Patent Practitioner
409 - Death, Legal Incapacity, or Unavailability of Inventor
409.01 - Death of Inventor
409.01(a) - Prosecution by Administrator or Executor
409.01(b) - Proof of Authority of Administrator or Executor
409.01(c) - After Administrator or Executor Has Been Discharged
409.01(d) - Exception in Some Foreign Countries
409.01(e) - If Applicant of Assigned Application Dies
409.01(f) - Intervention of Executor Not Compulsory
409.02 - Insanity or Other Legal Incapacity
409.03 - Unavailability of Inventor
409.03(a) - At Least One Joint Inventor Available
409.03(b) - No Inventor Available
409.03(c) - Legal Representatives of Deceased Inventor Not Available
409.03(d) - Proof of Unavailability or Refusal
409.03(e) - Statement of Last Known Address
409.03(f) - Proof of Proprietary Interest
409.03(g) - Proof of Irreparable Damage
409.03(h) - Processing and Acceptance of a 37 CFR 1.47 Application
409.03(i) - Rights of the Nonsigning Inventor
409.03(j) - Action Following Acceptance of a 37 CFR 1.47 Application
410 - Representations to the U.S. Patent and Trademark Office
0500 - Receipt and Handling of Mail and Papers
501 - Filing Papers With the U.S. Patent and Trademark Office
502 - Depositing Correspondence
502.01 - Correspondence Transmitted by Facsimile
502.02 - Correspondence Signature Requirements
502.03 - Communications via Internet Electronic Mail (e-mail)
502.04 - Duplicate Copies of Correspondence
502.05 - Correspondence Transmitted by EFS-Web
503 - Application Number and Filing Receipt
504 - Assignment of Application for Examination
505 - “Office Date” Stamp of Receipt
506 - Completeness of Original Application
506.02 - Review of Refusal To Accord Filing Date
507 - Drawing Review in the Office of Patent Application Processing
508 - Distribution
508.02 - Papers Received After Patenting or Abandonment
508.04 - Unlocatable Patent or Application Files
509 - Payment of Fees
509.01 - Deposit Accounts
509.02 - Small Entity Status — Definitions
509.03 - Claiming Small Entity Status
510 - U.S. Patent and Trademark Office Business Hours
511 - Postal Service Interruptions and Emergencies
512 - Certificate of Mailing or Transmission
513 - Deposit as Express Mail with U.S. Postal Service
0600 - Parts, Form, and Content of Application
601 - Content of Provisional and Nonprovisional Applications
601.01 - Complete Application
601.01(a) - Nonprovisional Applications Filed Under 35 U.S.C. 111(a)
601.01(b) - Provisional Applications Filed Under 35 U.S.C. 111(b)
601.01(c) - Conversion to or from a Provisional Application
601.01(d) - Application Filed Without All Pages of Specification
601.01(e) - Nonprovisional Application Filed Without at Least One Claim
601.01(f) - Applications Filed Without Drawings
601.01(g) - Applications Filed Without All Figures of Drawings
601.01(h) - Forms
601.02 - Power of Attorney
601.03 - Change of Correspondence Address
601.04 - National Stage Requirements of the United States as a Designated Office
601.05 - Bibliographic Information - Application Data Sheet (ADS)
602 - Original Oath or Declaration
602.01 - Oath Cannot Be Amended
602.02 - New Oath or Substitute for Original
602.03 - Defective Oath or Declaration
602.04 - Foreign Executed Oath
602.04(a) - Foreign Executed Oath Is Ribboned to Other Application Papers
602.05 - Oath or Declaration — Date of Execution
602.05(a) - Oath or Declaration in Continuation and Divisional Applications
602.06 - Non-English Oath or Declaration
602.07 - Oath or Declaration Filed in United States as a Designated Office
603 - Supplemental Oath or Declaration
603.01 - Supplemental Oath or Declaration Filed After Allowance
604 - Administration or Execution of Oath
604.01 - Seal
604.02 - Venue
604.03(a) - Notarial Powers of Some Military Officers
604.04 - Consul
604.04(a) - Consul – Omission of Certificate
604.06 - By Attorney in Application
605 - Applicant
605.01 - Applicant’s Citizenship
605.02 - Applicant’s Residence
605.03 - Applicant’s Mailing or Post Office Address
605.04(a) - Applicant’s Signature and Name
605.04(b) - One Full Given Name Required
605.04(c) - Inventor Changes Name
605.04(d) - Applicant Unable to Write
605.04(e) - May Use Title With Signature
605.04(f) - Signature on Joint Applications - Order of Names
605.04(g) - Correction of Inventorship
605.05 - Administrator, Executor, or Other Legal Representative
605.07 - Joint Inventors
606 - Title of Invention
606.01 - Examiner May Require Change in Title
607 - Filing Fee
607.02 - Returnability of Fees
608 - Disclosure
608.01 - Specification
608.01(a) - Arrangement of Application
608.01(b) - Abstract of the Disclosure
608.01(c) - Background of the Invention
608.01(d) - Brief Summary of Invention
608.01(e) - Reservation Clauses Not Permitted
608.01(f) - Brief Description of Drawings
608.01(g) - Detailed Description of Invention
608.01(h) - Mode of Operation of Invention
608.01(i) - Claims
608.01(j) - Numbering of Claims
608.01(k) - Statutory Requirement of Claims
608.01(l) - Original Claims
608.01(m) - Form of Claims
608.01(n) - Dependent Claims
608.01(o) - Basis for Claim Terminology in Description
608.01(p) - Completeness
608.01(q) - Substitute or Rewritten Specification
608.01(r) - Derogatory Remarks About Prior Art in Specification
608.01(s) - Restoration of Canceled Matter
608.01(t) - Use in Subsequent Application
608.01(u) - Use of Formerly Filed Incomplete Application
608.01(v) - Trademarks and Names Used in Trade
608.02 - Drawing
608.02(a) - New Drawing — When Replacement is Required Before Examination
608.02(b) - Informal Drawings
608.02(c) - Drawing Print Kept in File Wrapper
608.02(d) - Complete Illustration in Drawings
608.02(e) - Examiner Determines Completeness and Consistency of Drawings
608.02(f) - Modifications in Drawings
608.02(g) - Illustration of Prior Art
608.02(h) - Replacement Drawings
608.02(i) - Transfer of Drawings From Prior Applications
608.02(m) - Drawing Prints
608.02(n) - Duplicate Prints in Patentability Report Applications
608.02(o) - Notations Entered on Drawing
608.02(p) - Correction of Drawings
608.02(q) - Conditions Precedent to Amendment of Drawing
608.02(t) - Cancelation of Figures
608.02(v) - Drawing Changes Which Require Annotated Sheets
608.02(w) - Drawing Changes Which May Be Made Without Applicant’s Annotated Sheets
608.02(x) - Drawing Corrections or Changes Accepted Unless Notified Otherwise
608.02(y) - Return of Drawing
608.02(z) - Allowable Applications Needing Drawing Corrections or Corrected Drawings
608.03 - Models, Exhibits, Specimens
608.03(a) - Handling of Models, Exhibits, and Specimens
608.04 - New Matter
608.04(a) - Matter Not in Original Specification, Claims, or Drawings
608.04(b) - New Matter by Preliminary Amendment
608.04(c) - Review of Examiner’s Holding of New Matter
608.05 - Sequence Listing Table, or Computer Program Listing Appendix Submitted on a Compact Disc
608.05(a) - Deposit of Computer Program Listings
608.05(b) - Compact Disc Submissions of Large Tables
608.05(c) - Compact Disc Submissions of Biosequences
609 - Information Disclosure Statement
609.01 - Examiner Checklist for Information Disclosure Statements
609.02 - Information Disclosure Statements in Continued Examinations or Continuing Applications
609.03 - Information Disclosure Statements in National Stage Applications
609.04(a) - Content Requirements for an Information Disclosure Statement
609.04(b) - Timing Requirements for an Information Disclosure Statement
609.05 - Examiner Handling of Information Disclosure Statements
609.05(a) - Noncomplying Information Disclosure Statements
609.05(b) - Complying Information Disclosure Statements
609.05(c) - Documents Submitted as Part of Applicant’s Reply to Office Action
609.06 - Information Printed on Patent
609.07 - IDSs Electronically Submitted (e-IDS) Using EFS
609.08 - Electronic Processing of Information Disclosure Statement
0700 - Examination of Applications
701 - Statutory Authority for Examination
702 - Requisites of the Application
702.01 - Obviously Informal Cases
703 - “General Information Concerning Patents”
704 - Search and Requirements for Information
704.01 - Search
704.10 - Requirements for Information
704.11 - What Information May Be Required
704.11(a) - Examples of Information Reasonably Required
704.11(b) - When May a Requirement for Information Be Made
704.12 - Replies to a Requirement for Information
704.12(a) - Relationship of Requirement for Information to Duty of Disclosure
704.12(b) - What Constitutes a Complete Reply
704.12(c) - Treatment of an Incomplete Reply
704.13 - Time Periods for Reply
704.14 - Making a Requirement for Information
704.14(a) - Format of the Requirement
704.14(b) - Examiner’s Obligation Following Applicant’s Reply
704.14(c) - Petitions to Requirements Under 37 CFR 1.105
704.14(d) - Relationship to Information Disclosure Statements
705 - Patentability Reports
705.01 - Instructions re Patentability Reports
705.01(a) - Nature of P.R., Its Use and Disposal
705.01(b) - Sequence of Examination
705.01(c) - Counting and Recording P.R.s
705.01(d) - Duplicate Prints of Drawings
705.01(e) - Limitation as to Use
705.01(f) - Interviews With Applicants
706 - Rejection of Claims
706.01 - Contrasted With Objections
706.02 - Rejection on Prior Art
706.02(a) - Rejections Under 35 U.S.C. 102(a), (b), or (e); Printed Publication or Patent
706.02(b) - Overcoming a 35 U.S.C. 102 Rejection Based on a Printed Publication or Patent
706.02(c) - Rejections Under 35 U.S.C. 102(a) or (b); Knowledge by Others or Public Use or Sale
706.02(d) - Rejections Under 35 U.S.C. 102(c)
706.02(e) - Rejections Under 35 U.S.C. 102(d)
706.02(f) - Rejection Under 35 U.S.C. 102(e)
706.02(f)(1) - Examination Guidelines for Applying References Under 35 U.S.C. 102(e)
706.02(f)(2) - Provisional Rejections Under 35 U.S.C. 102(e); Reference Is a Copending U.S. Patent Application
706.02(g) - Rejections Under 35 U.S.C. 102(f)
706.02(h) - Rejections Under 35 U.S.C. 102(g)
706.02(i) - Form Paragraphs for Use in Rejections Under 35 U.S.C. 102
706.02(j) - Contents of a 35 U.S.C. 103 Rejection
706.02(k) - Provisional Rejection (Obviousness) Under 35 U.S.C. 103 Using Provisional Prior Art Under 35 U.S.C. 102(e)
706.02(l) - Rejections Under 35 U.S.C. 103(a) Using Prior Art Under Only 35 U.S.C. 102 (e), (f), or (g)
706.02(l)(1) - Rejections Under 35 U.S.C. 103(a) Using Prior Art Under 35 U.S.C. 102(e), (f), or (g); Prior Art Disqualification Under 35 U.S.C. 103(c)-
706.02(l)(2) - Establishing Common Ownership or Joint Research Agreement
706.02(l)(3) - Examination Procedure With Respect to 35 U.S.C. 103(c)
706.02(m) - Form Paragraphs for Use in Rejections Under 35 U.S.C. 103
706.02(n) - Biotechnology Process Applications; 35 U.S.C. 103(b)
706.03 - Rejections Not Based on Prior Art
706.03(a) - Rejections Under 35 U.S.C. 101
706.03(b) - Barred by Atomic Energy Act
706.03(c) - Rejections Under 35 U.S.C. 112, First Paragraph
706.03(d) - Rejections Under 35 U.S.C. 112, Second Paragraph
706.03(e) - Form Paragraphs for Use Relating to 35 U.S.C. 112, Sixth Paragraph
706.03(k) - Duplicate Claims
706.03(m) - Nonelected Inventions
706.03(o) - New Matter
706.03(s) - Foreign Filing Without License
706.03(u) - Disclaimer
706.03(v) - After Interference or Public Use Proceeding
706.03(w) - Res Judicata
706.03(x) - Reissue
706.04 - Rejection of Previously Allowed Claims
706.05 - Rejection After Allowance of Application
706.06 - Rejection of Claims Copied From Patent
706.07 - Final Rejection
706.07(a) - Final Rejection, When Proper on Second Action
706.07(b) - Final Rejection, When Proper on First Action
706.07(c) - Final Rejection, Premature
706.07(d) - Final Rejection, Withdrawal of, Premature
706.07(e) - Withdrawal of Final Rejection, General
706.07(f) - Time for Reply to Final Rejection
706.07(g) - Transitional After-Final Practice
706.07(h) - Request for Continued Examination (RCE) Practice
707 - Examiner’s Letter or Action
707.01 - Primary Examiner Indicates Action for New Assistant
707.02 - Applications Up for Third Action and 5-Year Applications
707.05 - Citation of References
707.05(a) - Copies of Cited References
707.05(b) - Citation of Related Art and Information by Applicants
707.05(c) - Order of Listing
707.05(d) - Reference Cited in Subsequent Actions
707.05(e) - Data Used in Citing References
707.05(f) - Effective Dates of Declassified Printed Matter
707.05(g) - Incorrect Citation of References
707.06 - Citation of Decisions, Orders Memorandums, and Notices
707.07 - Completeness and Clarity of Examiner’s Action
707.07(a) - Complete Action on Formal Matters
707.07(b) - Requiring New Oath
707.07(d) - Language To Be Used in Rejecting Claims
707.07(e) - Note All Outstanding Requirements
707.07(f) - Answer All Material Traversed
707.07(g) - Piecemeal Examination
707.07(h) - Notify of Inaccuracies in Amendment
707.07(i) - Each Claim To Be Mentioned in Each Office Action
707.07(j) - State When Claims Are Allowable
707.07(k) - Numbering Paragraphs
707.07(l) - Comment on Examples
707.08 - Reviewing and Initialing by Assistant Examiner
707.09 - Signing by Primary or Other Authorized Examiner
707.10 - Entry
707.11 - Date
707.12 - Mailing
707.13 - Returned Office Action
708 - Order of Examination
708.01 - List of Special Cases
708.02 - Petition To Make Special
708.02(a) - Accelerated Examination
708.02(b) - Prioritized Examination
708.03 - Examiner Tenders Resignation
709 - Suspension of Action
709.01 - Overlapping Applications by Same Applicant or Owned by Same Assignee
710 - Period for Reply
710.01 - Statutory Period
710.01(a) - Statutory Period, How Computed
710.02 - Shortened Statutory Period and Time Limit Actions Computed
710.02(b) - Shortened Statutory Period: Situations in Which Used
710.02(c) - Specified Time Limits: Situations in Which Used
710.02(d) - Difference Between Shortened Statutory Periods for Reply and Specified Time Limits
710.02(e) - Extension of Time
710.04 - Two Periods Running
710.04(a) - Copying Patent Claims
710.05 - Period Ending on Saturday, Sunday, or a Federal Holiday
710.06 - Situations When Reply Period Is Reset or Restarted
711 - Abandonment of Patent Application
711.01 - Express or Formal Abandonment
711.02 - Failure To Take Required Action During Statutory Period
711.02(a) - Insufficiency of Reply
711.02(b) - Special Situations Involving Abandonment
711.02(c) - Termination of Proceedings
711.03 - Reconsideration of Holding of Abandonment; Revival
711.03(a) - Holding Based on Insufficiency of Reply
711.03(b) - Holding Based on Failure To Reply Within Period
711.03(c) - Petitions Relating to Abandonment
711.03(d) - Examiner’s Statement on Petition To Set Aside Examiner’s Holding
711.04 - Public Access to Abandoned Applications
711.04(a) - Pulling and Forwarding Abandoned Applications
711.04(b) - Ordering of Patented and Abandoned Files
711.04(c) - Notifying Applicants of Abandonment
711.05 - Letter of Abandonment Received After Application Is Allowed
711.06 - Abstracts, Abbreviatures, and Defensive Publications
711.06(a) - Citation and Use of Abstracts, Abbreviatures, and Defensive Publications as References
713 - Interviews
713.01 - General Policy, How Conducted
713.02 - Interviews Prior to First Official Action
713.03 - Interview for “Sounding Out” Examiner Not Permitted
713.04 - Substance of Interview Must Be Made of Record
713.05 - Interviews Prohibited or Granted, Special Situations
713.06 - No Inter Partes Questions Discussed Ex Parte
713.07 - Exposure of Other Cases
713.08 - Demonstration, Exhibits, Models
713.09 - Finally Rejected Application
713.10 - Interview Preceding Filing Amendment Under 37 CFR 1.312
714 - Amendments, Applicant’s Action
714.01 - Signatures to Amendments
714.01(a) - Unsigned or Improperly Signed Amendment
714.01(c) - Signed by Attorney or Agent Not of Record
714.01(d) - Amendment Signed by Applicant but Not by Attorney or Agent of Record
714.01(e) - Amendments Before First Office Action
714.02 - Must Be Fully Responsive
714.03 - Amendments Not Fully Responsive, Action To Be Taken
714.03(a) - Supplemental Amendment
714.04 - Claims Presented in Amendment With No Attempt To Point Out Patentable Novelty
714.05 - Examiner Should Immediately Inspect
714.07 - Amendments Not in Permanent Ink
714.10 - Claims Added in Excess of Claims Previously Paid For
714.11 - Amendment Filed During Interference Proceedings
714.12 - Amendments and Other Replies After Final Rejection or Action
714.13 - Amendments and Other Replies After Final Rejection or Action, Procedure Followed
714.14 - Amendments After Allowance of All Claims
714.15 - Amendment Received in Technology Center After Mailing of Notice of Allowance
714.16 - Amendment After Notice of Allowance, 37 CFR 1.312
714.16(a) - Amendments Under 37 CFR 1.312, Copied Patent Claims
714.16(b) - Amendments Under 37 CFR 1.312 Filed With a Motion Under 37 CFR 41.208
714.16(c) - Amendments Under 37 CFR 1.312, Additional Claims
714.16(d) - Amendments Under 37 CFR 1.312, Handling
714.16(e) - Amendments Under 37 CFR 1.312, Entry in Part
714.17 - Amendment Filed After the Period for Reply Has Expired
714.18 - Entry of Amendments
714.19 - List of Amendments, Entry Denied
714.20 - List of Amendments Entered in Part
714.21 - Amendments Inadvertently Entered, No Legal Effect
714.25 - Discourtesy of Applicant or Attorney
715 - Swearing Back of Reference — Affidavit or Declaration Under 37 CFR 1.131
715.01 - 37 CFR 1.131 Affidavits Versus 37 CFR 1.132 Affidavits
715.01(a) - Reference Is a Joint Patent or Published Application to Applicant and Another
715.01(b) - Reference and Application Have Common Assignee
715.01(c) - Reference Is Publication of Applicant’s Own Invention
715.01(d) - Activities Applied Against the Claims
715.02 - How Much of the Claimed Invention Must Be Shown, Including the General Rule as to Generic Claims
715.03 - Genus-Species, Practice Relative to Cases Where Predictability Is in Question
715.04 - Who May Make Affidavit or Declaration; Formal Requirements of Affidavits and Declarations
715.05 - U.S. Patent or Application Publication Claiming Same Invention
715.07 - Facts and Documentary Evidence
715.07(a) - Diligence
715.07(b) - Interference Testimony Sometimes Used
715.07(c) - Acts Relied Upon Must Have Been Carried Out in This Country or a NAFTA or WTO Member Country
715.07(d) - Disposition of Exhibits
715.08 - Passed Upon by Primary Examiner
715.09 - Seasonable Presentation
715.10 - Review of Affidavit or Declaration for Evidence of Prior Public Use or Sale or Failure to Disclose Best Mode
716 - Affidavits or Declarations Traversing Rejections, 37 CFR 1.132
716.01 - Generally Applicable Criteria
716.01(a) - Objective Evidence of Nonobviousness
716.01(b) - Nexus Requirement and Evidence of Nonobviousness
716.01(c) - Probative Value of Objective Evidence
716.01(d) - Weighing Objective Evidence
716.02 - Allegations of Unexpected Results
716.02(a) - Evidence Must Show Unexpected Results
716.02(b) - Burden on Applicant
716.02(c) - Weighing Evidence of Expected and Unexpected Results
716.02(d) - Unexpected Results Commensurate in Scope With Claimed Invention
716.02(e) - Comparison With Closest Prior Art
716.02(f) - Advantages Disclosed or Inherent
716.02(g) - Declaration or Affidavit Form
716.03 - Commercial Success
716.03(a) - Commercial Success Commensurate in Scope With Claimed Invention
716.03(b) - Commercial Success Derived From Claimed Invention
716.04 - Long-Felt Need and Failure of Others
716.05 - Skepticism of Experts
716.06 - Copying
716.07 - Inoperability of References
716.08 - Utility and Operability of Applicant’s Disclosure
716.09 - Sufficiency of Disclosure
716.10 - Attribution
718 - Affidavit or Declaration to Disqualify Commonly Owned Patent as Prior Art, 37 CFR 1.130
719 - File Wrapper
719.01 - Papers in File Wrapper
719.01(a) - Arrangement of Papers in File Wrapper
719.01(b) - Prints
719.02 - Data Entered on File Wrapper
719.02(b) - Name or Residence of Inventor or Title Changed
719.03 - Classification During Examination
719.04 - Index of Claims
719.05 - Field of Search
719.06 - Foreign Filing Dates
719.07 - Related Applications
720 - Public Use Proceedings
720.01 - Preliminary Handling
720.02 - Examiner Determination of Prima Facie Showing
720.03 - Preliminary Hearing
720.04 - Public Use Proceeding Testimony
720.05 - Final Decision
724 - Trade Secret, Proprietary, and Protective Order Materials
724.01 - Completeness of the Patent File Wrapper
724.02 - Method of Submitting Trade Secret, Proprietary, and/or Protective Order Materials
724.03 - Types of Trade Secret, Proprietary, and/or Protective Order Materials Submitted Under MPEP § 724.02
724.04 - Office Treatment and Handling of Materials Submitted Under MPEP § 724.02
724.04(a) - Materials Submitted in an Application Covered by 35 U.S.C. 122
724.04(b) - Materials Submitted in Reissue Applications Open to the Public Under 37 CFR 1.11(b)
724.04(c) - Materials Submitted in Reexamination File Open to the Public Under 37 CFR 1.11(d)
724.05 - Petition To Expunge Information or Copy of Papers in Application File
724.06 - Handling of Petitions To Expunge Information or Copy of Papers in Application File
0800 - Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
801 - Introduction
802 - Basis for Practice in Statute and Rules
802.01 - Meaning of “Independent” and “Distinct”
802.02 - Definition of Restriction
803 - Restriction — When Proper
803.01 - Review by Examiner with at Least Partial Signatory Authority
803.02 - Markush Claims
803.03 - Transitional Applications
803.03(a) - Transitional Application — Linking Claim Allowable
803.03(b) - Transitional Application — Generic Claim Allowable
803.04 - Nucleotide Sequences
804 - Definition of Double Patenting
804.01 - Prohibition of Double Patenting Rejections Under 35 U.S.C. 121
804.02 - Avoiding a Double Patenting Rejection
804.03 - Commonly Owned Inventions of Different Inventive Entities; Non-Commonly Owned Inventions Subject to a Joint Research Agreement
804.04 - Submission to Technology Center Director
805 - Effect of Improper Joinder in Patent
806 - Determination of Distinctness or Independence of Claimed Inventions
806.01 - Compare Claimed Subject Matter
806.03 - Single Embodiment, Claims Defining Same Essential Features
806.04 - Genus and/or Species Inventions
806.04(b) - Species May Be Independent or Related Inventions
806.04(d) - Definition of a Generic Claim
806.04(e) - Claims Limited to Species
806.04(f) - Restriction Between Mutually Exclusive Species
806.04(h) - Species Must Be Patentably Distinct From Each Other
806.04(i) - Generic Claims Presented After Issue of Species
806.05 - Related Inventions
806.05(a) - Combination and Subcombination
806.05(c) - Criteria of Distinctness Between Combination and Subcombination
806.05(d) - Subcombinations Usable Together
806.05(e) - Process and Apparatus for Its Practice
806.05(f) - Process of Making and Product Made
806.05(g) - Apparatus and Product Made
806.05(h) - Product and Process of Using
806.05(i) - Product, Process of Making, and Process of Using
806.05(j) - Related Products; Related Processes
806.06 - Independent Inventions
807 - Patentability Report Practice Has No Effect on Restriction Practice
808 - Reasons for Insisting Upon Restriction
808.01 - Reasons for Holding of Independence or Distinctness
808.01(a) - Species
808.02 - Establishing Burden
809 - Linking Claims
809.02(a) - Election of Species Required
809.03 - Restriction Between Linked Inventions
810 - Action on the Merits
811 - Time for Making Requirement
811.02 - New Requirement After Compliance With Preceding Requirement
811.03 - Repeating After Withdrawal Proper
811.04 - Proper Even Though Grouped Together in Parent Application
812 - Who Should Make the Requirement
812.01 - Telephone Restriction Practice
814 - Indicate Exactly How Application Is To Be Restricted
815 - Make Requirement Complete
817 - Outline of Letter for Restriction Requirement
818 - Election and Reply
818.01 - Election Fixed by Action on Claims
818.02 - Election Other Than Express
818.02(a) - By Originally Presented Claims
818.02(b) - Generic Claims Only — No Election of Species
818.02(c) - By Optional Cancellation of Claims
818.03 - Express Election and Traverse
818.03(a) - Reply Must Be Complete
818.03(b) - Must Elect, Even When Requirement Is Traversed
818.03(c) - Must Traverse To Preserve Right of Petition
818.03(d) - Traverse of Restriction Requirement With Linking Claims
819 - Office Generally Does Not Permit Shift
821 - Treatment of Claims Held To Be Drawn to Nonelected Inventions
821.01 - After Election With Traverse
821.02 - After Election Without Traverse
821.03 - Claims for Different Invention Added After an Office Action
821.04 - Rejoinder
821.04(a) - Rejoinder Between Product Inventions; Rejoinder Between Process Inventions
821.04(b) - Rejoinder of Process Requiring an Allowable Product
822 - Claims to Inventions That Are Not Distinct in Plural Applications of Same Inventive Entity
822.01 - Copending Before the Examiner
823 - Unity of Invention Under the Patent Cooperation Treaty
0900 - Prior Art, Classification, and Search
901 - Prior Art
901.01 - Canceled Matter in U.S. Patent Files
901.02 - Abandoned Applications
901.03 - Pending Applications
901.04 - U.S. Patents
901.04(a) - Kind Codes
901.05 - Foreign Patent Documents
901.05(a) - Citation Data
901.05(b) - Other Significant Data
901.05(c) - Obtaining Copies
901.05(d) - Translation
901.06 - Nonpatent Publications
901.06(a) - Scientific and Technical Information Center (STIC)
901.06(b) - Borrowed Publications
901.06(c) - Alien Property Custodian Publications
901.06(d) - Abstracts, Abbreviatures, and Defensive Publications
901.07 - Arrangement of Art in Technology Centers
901.08 - Borrowing References
902 - Search Tools and Classification Information
902.01 - Manual of Classification
902.01(a) - Index to the U.S. Patent Classification System
902.02 - Class and Subclass Definitions
902.02(a) - Definition Notes
902.03 - Classification Information
902.03(a) - Patent Classification Home Page on the Internet
902.03(b) - Patent Classification Home Page on the USPTO Intranet
902.03(c) - Classification Insight on USPTO Local Area Network (LAN)
902.03(d) - Patent Information and Search Tools: the Cassis DVD-ROM Series
902.03(e) - Automated Search Tools: EAST and WEST
902.04 - Classification Orders
902.04(a) - Reclassification Alert Report
903 - Classification
903.01 - Statutory Authority
903.02 - Basis and Principles of Classification
903.02(a) - New and Revised Classes
903.02(b) - Scope of a Class
903.02(c) - Establishing Subclasses and Cross-Reference Art Collections
903.03 - Availability of Foreign Patents
903.04 - Classifying Applications for Publication as a Patent Application Publication
903.05 - Addition, Deletion, or Transfer of U.S. Patents and U.S. Patent Application Publications
903.06 - Harmonized Subclasses
903.07 - Classifying and Cross-Referencing at Allowance
903.07(a) - Cross-Referencing — Keep Systematic Notes During Prosecution
903.07(b) - Issuing in Another Technology Center Without Transfer
903.08 - Applications: Assignment and Transfer
903.08(a) - New Applications
903.08(b) - Classification and Assignment to Examiner
903.08(c) - Immediate Inspection of Amendments
903.08(d) - Transfer Procedure
903.08(e) - General Guidelines Governing the Assignment of Nonprovisional Applications for Examination
903.09 - International Classification of Patents for Inventions
903.09(a) - Locarno Classification Designations
904 - How to Search
904.01 - Analysis of Claims
904.01(a) - Variant Embodiments Within Scope of Claim
904.01(b) - Equivalents
904.01(c) - Analogous Arts
904.02 - General Search Guidelines
904.02(a) - Classified Search
904.02(b) - Search Tool Selection
904.02(c) - Internet Searching
904.03 - Conducting the Search
905 - Miscellaneous
905.03 - Ordering of Patented and Abandoned Provisional and Nonprovisional Application Files
905.06 - Patent Family Information
1000 - Matters Decided by Various U.S. Patent and Trademark Office Officials
1001 - Statutory Authority of Director of the USPTO
1001.01 - Modes of Exercising Authority
1002 - Petitions to the Director of the USPTO
1002.01 - Procedure
1002.02 - Delegation of Authority To Decide Petitions
1002.02(b) - Petitions and Requests Decided by the Office of the Deputy Commissioner for Patent Examination Policy
1002.02(c) - Petitions and Requests Decided by the Technology Center Directors
1002.02(c)(1) - Petitions Decided by the Director of Technology Center 3640
1002.02(c)(2) - Petitions Decided by the Director of Technology Center 1600
1002.02(c)(3) - Petitions Decided by the Director of Technology Center 2900
1002.02(d) - Petitions and Matters Decided by Supervisory Patent Examiners
1002.02(e) - Requests Decided by Primary Examiners
1002.02(f) - Petitions and Matters Decided by the Chief Administrative Patent Judge of the Board of Patent Appeals and Interferences
1002.02(g) - Petitions Decided by the Administrative Patent Judges
1002.02(i) - Petitions Decided by the Commissioner for Trademarks
1002.02(j) - Petitions Decided by the Board of Patent Appeals and Interferences
1002.02(k)(1) - Petitions and Matters Decided by the General Counsel
1002.02(k)(2) - Requests Decided by the Office of General Law
1002.02(k)(3) - Petitions Decided by the Solicitor
1002.02(l) - Requests Decided by the Certificates of Correction Branch
1002.02(m) - Petitions Decided by the Director of Enrollment and Discipline
1002.02(o) - Petitions and Other Matters Decided by the Deputy Director of the USPTO
1002.02(p) - Petitions and Matters Decided by the PCT Legal Administrator
1002.02(q) - Petitions and Requests Decided by the Director of Office of Initial Patent Examination
1002.02(r) - Petitions Decided by the Director of Office of Patent Publication
1002.02(s) - Petitions and Matters Decided by the Special Program Examiners in the Technology Centers
1003 - Matters Submitted to Technology Center Directors
1004 - Actions Which Require the Attention of a Primary Examiner
1005 - Exceptions to Partial Signatory Authority
1100 - Statutory Invention Registration (SIR) and Pre-Grant Publication (PG Pub)
1101 - Request for Statutory Invention Registration (SIR)
1103 - Examination of a SIR
1105 - Review of Final Refusal to Publish SIR
1107 - Preparing a SIR for Publication
1109 - Withdrawal of SIR Request
1111 - SIR Publication and Effect
1120 - Eighteen-Month Publication of Patent Applications
1121 - Content of a Patent Application Publication
1122 - Requests for Nonpublication
1123 - Rescission of a Nonpublication Request
1124 - Notice of Foreign Filing
1125 - Express Abandonment to Avoid Publication
1126 - Publication Fees
1127 - Notice of Publication
1128 - Availability of Published Applications
1129 - Request for Early Publication
1130 - Republication and Correction of Patent Application Publications
1132 - Requests for Redacted Publication
1133 - Voluntary Publication
1134 - Third Party Inquiries and Correspondence in a Published Application
1134.01 - Third Party Submissions Under 37 CFR 1.99
1135 - PGPub Forms
1200 - Appeal
1201 - Introduction
1202 - Composition of Board
1203 - Administrative Handling
1204 - Notice of Appeal
1204.01 - Reinstatement of Appeal
1205 - Appeal Brief
1205.01 - Time for Filing Appeal Brief
1205.02 - Appeal Brief Content
1205.03 - Non-Compliant Appeal Brief and Amended Brief
1206 - Amendments and Affidavits or Other Evidence Filed With or After Appeal
1207 - Examiner’s Answer
1207.01 - Appeal Conference
1207.02 - Contents of Examiner’s Answer
1207.03 - New Ground of Rejection in Examiner’s Answer
1207.04 - Reopening of Prosecution After Appeal
1207.05 - Supplemental Examiner’s Answer
1208 - Reply Briefs and Examiner’s Responses to Reply Brief
1209 - Oral Hearing
1210 - Actions Subsequent to Examiner’s Answer but Before Board’s Decision
1211 - Remand by Board
1211.01 - Remand by Board for Further Consideration of Rejection
1211.02 - Remand by Board To Consider Amendment
1211.03 - Remand by Board To Consider Affidavits or Declarations
1211.04 - Remand by Board for Further Search
1212 - Board Requires Appellant to Address Matter
1213 - Decision by Board
1213.01 - Statement by Board of How an Appealed Claim May Be Amended To Overcome a Specific Rejection
1213.02 - New Grounds of Rejection by Board
1213.03 - Publication of and Public Access to Board Decision
1214 - Procedure Following Decision by Board
1214.01 - Procedure Following New Ground of Rejection by Board
1214.03 - Rehearing
1214.04 - Examiner Reversed
1214.05 - Cancellation of Withdrawn Claims
1214.06 - Examiner Sustained in Whole or in Part
1214.07 - Reopening of Prosecution
1215 - Withdrawal or Dismissal of Appeal
1215.01 - Withdrawal of Appeal
1215.02 - Claims Standing Allowed
1215.03 - Partial Withdrawal
1215.04 - Dismissal of Appeal
1216 - Judicial Review
1216.01 - Appeals to the Federal Circuit
1216.02 - Civil Suits Under 35 U.S.C. 145
1220 - Appeal Procedure - Notice of Appeal Filed On or After January 23, 2012
1300 - Allowance and Issue
1301 - Substantially Allowable Application, Special
1302 - Final Review and Preparation for Issue
1302.01 - General Review of Disclosure
1302.02 - Requirement for a Rewritten Specification
1302.03 - Notice of Allowability
1302.04 - Examiner’s Amendments and Changes
1302.04(a) - Title of Invention
1302.04(b) - Cancellation of Nonstatutory Claim
1302.04(c) - Cancellation of Claims to Nonelected Invention
1302.04(d) - Cancellation of Claim Lost in Interference
1302.04(e) - Cancellation of Rejected Claims Following Appeal
1302.04(g) - Identification of Claims
1302.04(h) - Rejoinder of Claims
1302.05 - Correction of Drawing
1302.05(a) - Original Drawings Cannot Be Located
1302.06 - Prior Foreign Application
1302.08 - Interference Search
1302.09 - Classification, Print Figure, and Other Notations
1302.10 - Issue Classification Notations
1302.11 - Reference to Assignment Division
1302.12 - Listing of References
1302.13 - Signing
1302.14 - Reasons for Allowance
1303 - Notice of Allowance
1303.01 - Amendment Received After Allowance
1303.02 - Undelivered
1303.03 - Not Withheld Due to Death of Inventor
1304 - Amendments After D-10 Notice
1304.01 - Withholding From Issue of “Secrecy Order” Applications
1305 - Jurisdiction
1306 - Issue Fee
1306.01 - Deferring Issuance of a Patent
1306.02 - Simultaneous Issuance of Patents
1306.03 - Practice After Payment of Issue Fee; Receipt of Issue Notification
1307 - Change in Classification of Cases Which Are in Issue
1308 - Withdrawal From Issue
1308.01 - Rejection After Allowance
1308.02 - For Interference Purposes
1308.03 - Quality Review Program for Examined Patent Applications
1309 - Issue of Patent
1309.02 - “Query/Printer Waiting” Cases
1400 - Correction of Patents
1400.01 - Introduction
1401 - Reissue
1402 - Grounds for Filing
1403 - Diligence in Filing
1404 - Submission of Papers Where Reissue Patent Is in Litigation
1405 - Reissue and Patent Term
1406 - Citation and Consideration of References Cited in Original Patent
1410 - Content of Reissue Application
1410.01 - Reissue Applicant, Oath or Declaration, and Consent of all Assignees
1411 - Form of Specification
1411.01 - Certificate of Correction or Disclaimer in Original Patent
1411.02 - New Matter
1412 - Content of Claims
1412.01 - Reissue Claims Must Be for Same General Invention
1412.02 - Recapture of Canceled Subject Matter
1412.03 - Broadening Reissue Claims
1412.04 - Correction of Inventorship
1413 - Drawings
1414 - Content of Reissue Oath/Declaration
1414.01 - Supplemental Reissue Oath/ Declaration
1415 - Reissue Application and Issue Fees
1415.01 - Maintenance Fees on the Original Patent
1416 - No Physical Surrender of Original Patent
1417 - Claim for Benefit Under 35 U.S.C. 119(a)-(d)
1418 - Notification of Prior/Concurrent Proceedings and Decisions Thereon, and of Information Known To Be Material to Patentability
1430 - Reissue Files Open to the Public and, Notice of Filing Reissue Announced in, Official Gazette
1440 - Examination of Reissue Application
1441 - Two-Month Delay Period
1441.01 - Protest in Reissue Applications
1442 - Special Status
1442.01 - Litigation-Related Reissues
1442.02 - Concurrent Litigation
1442.03 - Litigation Stayed
1442.04 - Litigation Involving Patent
1442.05 - Court Ordered Filing of Reissue Application
1443 - Initial Examiner Review
1444 - Review of Reissue Oath/Declaration
1445 - Reissue Application Examined in Same Manner as Original Application
1448 - Fraud, Inequitable Conduct, or Duty of Disclosure Issues
1449 - Protest Filed in Reissue Where Patent Is in Interference
1449.01 - Concurrent Office Proceedings
1449.02 - Interference in Reissue
1450 - Restriction and Election of Species Made in Reissue Application
1451 - Divisional Reissue Applications; Continuation Reissue Applications Where the Parent is Pending
1452 - Request for Continued Examination of Reissue Application
1453 - Amendments to Reissue Applications
1454 - Appeal Brief
1455 - Allowance and Issue
1456 - Reissue Review
1457 - Design Reissue Applications and Patents
1460 - Effect of Reissue
1470 - Public Access of Reissue Applications
1480 - Certificates of Correction — Office Mistake
1480.01 - Expedited Issuance of Certificates of Correction - Error Attributable to Office
1481 - Certificates of Correction - Applicant’s Mistake
1481.01 - Correction of Assignees’ Names
1481.02 - Correction of Inventors’ Names
1481.03 - Correction of 35 U.S.C. 119 and 35 U.S.C. 120 Benefits
1485 - Handling of Request for Certificates of Correction
1490 - Disclaimers
1500 - Design Patents
1501 - Statutes and Rules Applicable
1502 - Definition of a Design
1502.01 - Distinction Between Design and Utility Patents
1503 - Elements of a Design Patent Application
1503.01 - Specification
1503.02 - Drawing
1504 - Examination
1504.01 - Statutory Subject Matter for Designs
1504.01(a) - Computer-Generated Icons
1504.01(b) - Design Comprising Multiple Articles or Multiple Parts Embodied in a Single Article
1504.01(c) - Lack of Ornamentality
1504.01(d) - Simulation
1504.01(e) - Offensive Subject Matter
1504.02 - Novelty
1504.03 - Nonobviousness
1504.04 - Considerations Under 35 U.S.C. 112
1504.05 - Restriction
1504.06 - Double Patenting
1504.10 - Priority Under 35 U.S.C. 119(a)-(d)
1504.20 - Benefit Under 35 U.S.C. 120
1504.30 - Expedited Examination
1505 - Allowance and Term of Design Patent
1509 - Reissue of a Design Patent
1510 - Reexamination
1511 - Protest
1512 - Relationship Between Design Patent, Copyright, and Trademark
1513 - Miscellaneous
1600 - Plant Patents
1601 - Introduction: The Act, Scope, Type of Plants Covered
1602 - Rules Applicable
1603 - Elements of a Plant Application
1604 - Applicant, Oath or Declaration
1605 - Specification and Claim
1606 - Drawings
1607 - Specimens
1608 - Examination
1609 - Report of Agricultural Research Service
1610 - The Action
1611 - Issue
1612 - UPOV Convention
1613 - Right of Priority Based upon Application for Plant Breeder’s Rights
1700 - Miscellaneous
1701 - Office Personnel Not To Express Opinion on Validity, Patentability, or Enforceability of Patent
1701.01 - Office Personnel Not To Testify
1702 - Restrictions on Practice in Patent Matters
1703 - The Official Gazette
1704 - Application Records and Reports
1705 - Examiner Docket, Time, and Activity Recordation
1711 - U.S.-Philippines Search Exchange
1720 - Dissemination of Court and Board of Patent Appeals and Interferences Decisions
1721 - Treatment of Court and Board of Patent Appeals and Interferences Decisions Affecting Patent and Trademark Office Policy and Practice
1730 - Information Sources
1800 - Patent Cooperation Treaty
1801 - Basic Patent Cooperation Treaty (PCT) Principles
1802 - PCT Definitions
1803 - Reservations Under the PCT Taken by the United States of America
1805 - Where To File an International Application
1807 - Agent or Common Representative and General Power of Attorney
1808 - Change in or Revocation of the Appointment of an Agent or a Common Representative
1810 - Filing Date Requirements
1812 - Elements of the International Application
1817 - PCT Member States
1817.01 - Designation of States in International Applications Having an International Filing Date On or After January 1, 2004
1817.01(a) - Designation of States and Precautionary Designations in International Applications Having an International Filing Date Before January 1, 2004
1817.02 - Continuation or Continuation-in-Part Indication in the Request
1819 - Earlier Search
1820 - Signature of Applicant
1821 - The Request
1823 - The Description
1823.01 - Reference to Deposited Biological Material
1823.02 - Nucleotide and/or Amino Acid Sequence Listings, and Tables Related to Sequence Listings
1824 - The Claims
1825 - The Drawings
1826 - The Abstract
1827 - Fees
1827.01 - Refund of International Application Fees
1828 - Priority Claim and Document
1828.01 - Restoration of the Right of Priority
1830 - International Application Transmittal Letter
1832 - License Request for Foreign Filing Under the PCT
1834 - Correspondence
1834.01 - Use of Telegraph, Teleprinter, Facsimile Machine
1834.02 - Irregularities in the Mail Service
1836 - Rectification of Obvious Mistakes
1840 - The International Searching Authority
1840.01 - The European Patent Office as an International Searching Authority
1840.02 - The Korean Intellectual Property Office as an International Searching Authority
1842 - Basic Flow Under the PCT
1843 - The International Search
1843.01 - Prior Art for Chapter I Processing
1843.02 - Certain Subject Matter Need Not Be Searched
1843.03 - No Search Required if Claims Are Unclear
1843.04 - Procedure for Claims Not Required To Be Searched and for Claims That Are Unclear
1843.05 - Time Limit for Establishing the International Search Report and the Written Opinion of the International Searching Authority
1844 - The International Search Report
1844.01 - Preparing the International Search Report (Form PCT/ISA/210)
1845 - Written Opinion of the International Searching Authority
1845.01 - Preparing the Written Opinion of the International Searching Authority (Form PCT/ISA/237)
1845.02 - Notification of Transmittal of the International Search Report and the Written Opinion of the International Searching Authority, or the Declaration (Form PCT/ISA/220)
1846 - Sections of the Articles, Regulations, and Administrative Instructions Under the PCT Relevant to the International Searching Authority
1848 - Sequence Listings and Tables Related to Sequence Listings
1850 - Unity of Invention Before the International Searching Authority
1851 - Identification of Patent Documents
1852 - Taking Into Account Results of Earlier Search(es)
1853 - Amendment Under PCT Article 19
1857 - International Publication
1857.01 - Prior Art Effect of the International Publication
1859 - Withdrawal of International Application, Designations, or Priority Claims
1860 - International Preliminary Examination Procedure for Applications Having an International Filing Date On or After January 1, 2004
1860.01 - International Preliminary Examination Procedure for Applications Having an International Filing Date Before January 1, 2004
1862 - Agreement With the International Bureau To Serve as an International Preliminary Examining Authority
1864 - The Demand and Preparation for Filing of Demand
1864.01 - Amendments Filed Under PCT Article 34
1864.02 - Applicant’s Right To File a Demand
1864.03 - States Which May Be Elected
1864.04 - Agent’s Right To Act
1865 - Filing of Demand
1865.01 - The European Patent Office as an International Preliminary Examining Authority
1866 - Filling in of Headings on Chapter II Forms
1867 - Preliminary Examination Fees
1868 - Correction of Defects in the Demand
1869 - Notification to International Bureau of Demand
1870 - Priority Document and Translation Thereof
1871 - Processing Amendments Filed Under Article 19 and Article 34 Prior to or at the Start of International Preliminary Examination in International Applications Having an International Filing Date On or After January 1, 2004
1871.01 - Processing Amendments Filed Under Article 19 and Article 34 Prior to or at the Start of International Preliminary Examination in International Applications Having an International Filing Date Before January 1, 2004
1872 - Availability of the International Application File for International Preliminary Examination by the Examining Corps
1874 - Determination if International Preliminary Examination Is Required and Possible
1875 - Unity of Invention Before the International Preliminary Examining Authority
1875.01 - Preparation of Invitation Concerning Unity
1875.02 - Reply to Invitation Concerning Lack of Unity of Invention
1876 - Notation of Errors and Informalities by the Examiner
1876.01 - Request for Rectification and Notification of Action Thereon
1877 - Nucleotide and/or Amino Acid Sequence Listings During the International Preliminary Examination
1878 - Preparation of the Written Opinion of the International Preliminary Examining Authority in International Applications Having an International Filing Date On or After January 1, 2004
1878.01 - Preparation of the Written Opinion in International Applications Having an International Filing Date Before January 1, 2004
1878.01(a) - Prior Art for Purposes of the Written Opinion and the International Preliminary Examination Report
1878.01(a)(1) - Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report
1878.01(a)(2) - Inventive Step for Purposes of the Written Opinion and the International Preliminary Examination Report
1878.01(a)(3) - Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report
1878.02 - Reply to the Written Opinion of the ISA or IPEA
1879 - Preparation of the International Preliminary Examination Report
1879.01 - Time Limit for Preparing Report in International Applications Having an International Filing Date On or After January 1, 2004
1879.01(a) - Time Limit for Preparing Report in International Application Having an International Filing Date Before January 1, 2004
1879.02 - Transmittal of the International Preliminary Examination Report
1879.03 - Translations
1879.04 - Confidential Nature of the Report
1880 - Withdrawal of Demand or Election
1881 - Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office
1893 - National Stage (U.S. National Application Filed Under 35 U.S.C. 371)
1893.01 - Commencement and Entry
1893.01(a) - Entry via the U.S. Designated or Elected Office
1893.01(a)(1) - Submissions Required by 30 Months from the Priority Date
1893.01(a)(2) - Article 19 Amendment (Filed With the International Bureau)
1893.01(a)(3) - Article 34 Amendments (Filed with the International Preliminary Examining Authority)
1893.01(c) - Fees
1893.01(d) - Translation
1893.01(e) - Oath/Declaration
1893.02 - Abandonment
1893.03 - Prosecution of U.S. National Stage Applications Before the Examiner
1893.03(a) - How To Identify That an Application Is a U.S. National Stage Application
1893.03(b) - The Filing Date of a U.S. National Stage Application
1893.03(c) - The Priority Date, Priority Claim, and Priority Papers for a U.S. National Stage Application
1893.03(d) - Unity of Invention
1893.03(e) - Documents Received from the International Bureau and Placed in a U.S. National Stage Application File
1893.03(e)(1) - Title of the Invention
1893.03(f) - Drawings and PCT Rule 11
1893.03(g) - Information Disclosure Statement in a National Stage Application
1895 - A Continuation , Divisional, or Continuation- in- Part Application of a PCT Application Designating the United States
1895.01 - Handling of and Considerations in the Handling of Continuations, Divisions, and Continuations-In-Part of PCT Applications
1896 - The Differences Between a National Application Filed Under 35 U.S.C. 111(a) and a National Stage Application Submitted Under 35 U.S.C. 371
1900 - Protest
1901 - Protest Under 37 CFR 1.291
1901.01 - Who Can Protest
1901.02 - Information Which Can Be Relied on in Protest
1901.03 - How Protest Is Submitted
1901.04 - When Should the Protest Be Submitted
1901.05 - Initial Office Handling and Acknowledgment of Protest
1901.06 - Examiner Treatment of Protest
1901.07 - Protestor Participation
1901.07(a) - Filing of Multiple Papers Relating to Same Issues
1906 - Supervisory Review of an Examiner’s Decision Adverse to Protestor
1907 - Unauthorized Participation by Protestor
1920 - Citation of Prior Art Under 37 CFR 1.501(a)
2000 - Duty of Disclosure
2000 - [No Text]
2000.01 - Introduction
2001 - Duty of Disclosure, Candor, and Good Faith
2001.01 - Who Has Duty To Disclose
2001.03 - To Whom Duty of Disclosure Is Owed
2001.04 - Information Under 37 CFR 1.56(a)
2001.05 - Materiality Under 37 CFR 1.56(b)
2001.06 - Sources of Information
2001.06(a) - Prior Art Cited in Related Foreign Applications
2001.06(b) - Information Relating to or From Copending United States Patent Applications
2001.06(c) - Information From Related Litigation
2001.06(d) - Information Relating to Claims Copied From a Patent
2002 - Disclosure — By Whom and How Made
2002.01 - By Whom Made
2002.02 - Must be in Writing
2003 - Disclosure __ When Made
2003.01 - Disclosure After Patent Is Granted
2004 - Aids to Compliance With Duty of Disclosure
2005 - Comparison to Requirement for Information
2010 - Office Handling of Duty of Disclosure/Inequitable Conduct Issues
2012 - Reissue Applications Involving Issues of Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure
2012.01 - Collateral Estoppel
2013 - Protests Involving Issues of Fraud, Inequitable Conduct, and/or Violation of Duty of Disclosure
2014 - Duty of Disclosure in Reexamination Proceedings
2016 - Fraud, Inequitable Conduct, or Violation of Duty of Disclosure Affects All Claims
2022.05 - Determination of “Error Without Any Deceptive Intention”
2100 - Patentability
2103 - Patent Examination Process
2104 - Patentable Subject Matter
2105 - Patentable Subject Matter — Living Subject Matter
2106 - Patent Subject Matter Eligibility
2106.01 - Subject Matter Eligibility Analysis of Process Claims Involving Laws of Nature
2107 - Guidelines for Examination of Applications for Compliance with the Utility Requirement
2107.01 - General Principles Governing Utility Rejections
2107.02 - Procedural Considerations Related to Rejections for Lack of Utility
2107.03 - Special Considerations for Asserted Therapeutic or Pharmacological Utilities
2111 - Claim Interpretation; Broadest Reasonable Interpretation
2111.01 - Plain Meaning
2111.02 - Effect of Preamble
2111.03 - Transitional Phrases
2111.04 - “Adapted to,” “Adapted for,” “Wherein,” and “Whereby” Clauses
2111.05 - Functional and Nonfunctional Descriptive Material
2112 - Requirements of Rejection Based on Inherency; Burden of Proof
2112.01 - Composition, Product, and Apparatus Claims
2112.02 - Process Claims
2113 - Product-by-Process Claims
2114 - Apparatus and Article Claims — Functional Language
2115 - Material or Article Worked Upon by Apparatus
2116 - Material Manipulated in Process
2116.01 - Novel, Unobvious Starting Material or End Product
2121 - Prior Art; General Level of Operability Required to Make a Prima Facie Case
2121.01 - Use of Prior Art in Rejections Where Operability Is in Question
2121.02 - Compounds and Compositions — What Constitutes Enabling Prior Art
2121.03 - Plant Genetics — What Constitutes Enabling Prior Art
2121.04 - Apparatus and Articles — What Constitutes Enabling Prior Art
2122 - Discussion of Utility in the Prior Art
2123 - Rejection Over Prior Art’s Broad Disclosure Instead of Preferred Embodiments
2124 - Exception to the Rule That the Critical Reference Date Must Precede the Filing Date
2124.01 - Tax Strategies Deemed Within the Prior Art
2125 - Drawings as Prior Art
2126 - Availability of a Document as a “Patent” for Purposes of Rejection Under 35 U.S.C. 102(a), (b), and (d)
2126.01 - Date of Availability of a Patent as a Reference
2126.02 - Scope of Reference’s Disclosure Which Can Be Used to Reject Claims When the Reference Is a “Patent” but Not a “Publication”
2127 - Domestic and Foreign Patent Applications as Prior Art
2128 - “Printed Publications” as Prior Art
2128.01 - Level of Public Accessibility Required
2128.02 - Date Publication Is Available as a Reference
2129 - Admissions as Prior Art
2131 - Anticipation — Application of 35 U.S.C. 102(a), (b), and (e)
2131.01 - Multiple Reference 35 U.S.C. 102 Rejections
2131.02 - Genus-Species Situations
2131.03 - Anticipation of Ranges
2131.04 - Secondary Considerations
2131.05 - Nonanalogous or Disparaging Prior Art
2132 - 35 U.S.C. 102(a)
2132.01 - Publications as 35 U.S.C. 102(a) Prior Art
2133 - 35 U.S.C. 102(b)
2133.01 - Rejections of Continuation-In-Part (CIP) Applications
2133.02 - Rejections Based on Publications and Patents
2133.03 - Rejections Based on “Public Use” or “On Sale”
2133.03(a) - “Public Use”
2133.03(b) - “On Sale”
2133.03(c) - The “Invention”
2133.03(d) - “In This Country”
2133.03(e) - Permitted Activity; Experimental Use
2133.03(e)(1) - Commercial Exploitation
2133.03(e)(2) - Intent
2133.03(e)(3) - “Completeness” of the Invention
2133.03(e)(4) - Factors Indicative of an Experimental Purpose
2133.03(e)(5) - Experimentation and Degree of Supervision and Control
2133.03(e)(6) - Permitted Experimental Activity and Testing
2133.03(e)(7) - Activity of an Independent Third Party Inventor
2134 - 35 U.S.C. 102(c)
2135 - 35 U.S.C. 102(d)
2135.01 - The Four Requirements of 35 U.S.C. 102(d)
2136 - 35 U.S.C. 102(e)
2136.01 - Status of U.S. Application as a Reference
2136.02 - Content of the Prior Art Available Against the Claims
2136.03 - Critical Reference Date
2136.04 - Different Inventive Entity; Meaning of “By Another”
2136.05 - Overcoming a Rejection Under 35 U.S.C. 102(e)
2137 - 35 U.S.C. 102(f)
2137.01 - Inventorship
2137.02 - Applicability of 35 U.S.C. 103(c)
2138 - 35 U.S.C. 102(g)
2138.01 - Interference Practice
2138.02 - “The Invention Was Made in This Country”
2138.03 - “By Another Who Has Not Abandoned, Suppressed, or Concealed It”
2138.04 - “Conception”
2138.05 - “Reduction to Practice”
2138.06 - “Reasonable Diligence”
2141 - Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103
2141.01 - Scope and Content of the Prior Art
2141.01(a) - Analogous and Nonanalogous Art
2141.02 - Differences Between Prior Art and Claimed Invention
2141.03 - Level of Ordinary Skill in the Art
2142 - Legal Concept of Prima Facie Obviousness
2143 - Examples of Basic Requirements of a Prima Facie Case of Obviousness
2143.01 - Suggestion or Motivation To Modify the References
2143.02 - Reasonable Expectation of Success Is Required
2143.03 - All Claim Limitations Must Be Considered>
2144 - Supporting a Rejection Under 35 U.S.C. 103
2144.01 - Implicit Disclosure
2144.02 - Reliance on Scientific Theory
2144.03 - Reliance on Common Knowledge in the Art or “Well Known” Prior Art
2144.04 - Legal Precedent as Source of Supporting Rationale
2144.05 - Obviousness of Ranges
2144.06 - Art Recognized Equivalence for the Same Purpose
2144.07 - Art Recognized Suitability for an Intended Purpose
2144.08 - Obviousness of Species When Prior Art Teaches Genus
2144.09 - Close Structural Similarity Between Chemical Compounds (Homologs, Analogues, Isomers)
2145 - Consideration of Applicant’s Rebuttal Arguments
2146 - 35 U.S.C. 103(c)
2161 - Three Separate Requirements for Specification Under 35 U.S.C. 112, First Paragraph
2161.01 - Computer Programming and 35 U.S.C. 112 , First Paragraph
2162 - Policy Underlying 35 U.S.C. 112, First Paragraph
2163 - Guidelines for the Examination of Patent Applications Under the 35 U.S.C. 112, para. 1, “Written Description” Requirement
2163.01 - Support for the Claimed Subject Matter in Disclosure
2163.02 - Standard for Determining Compliance With the Written Description Requirement
2163.03 - Typical Circumstances Where Adequate Written Description Issue Arises
2163.04 - Burden on the Examiner with Regard to the Written Description Requirement
2163.05 - Changes to the Scope of Claims
2163.06 - Relationship of Written Description Requirement to New Matter
2163.07 - Amendments to Application Which Are Supported in the Original Description
2163.07(a) - Inherent Function, Theory, or Advantage
2163.07(b) - Incorporation by Reference
2164 - The Enablement Requirement
2164.01 - Test of Enablement
2164.01(a) - Undue Experimentation Factors
2164.01(b) - How to Make the Claimed Invention
2164.01(c) - How to Use the Claimed Invention
2164.02 - Working Example
2164.03 - Relationship of Predictability of the Art and the Enablement Requirement
2164.04 - Burden on the Examiner Under the Enablement Requirement
2164.05 - Determination of Enablement Based on Evidence as a Whole
2164.05(a) - Specification Must Be Enabling as of the Filing Date
2164.05(b) - Specification Must Be Enabling to Persons Skilled in the Art
2164.06 - Quantity of Experimentation
2164.06(a) - Examples of Enablement Issues-Missing Information
2164.06(b) - Examples of Enablement Issues — Chemical Cases
2164.06(c) - Examples of Enablement Issues – Computer Programming Cases
2164.07 - Relationship of Enablement Requirement to Utility Requirement of 35 U.S.C. 101
2164.08 - Enablement Commensurate in Scope With the Claims
2164.08(a) - Single Means Claim
2164.08(b) - Inoperative Subject Matter
2164.08(c) - Critical Feature Not Claimed
2165 - The Best Mode Requirement
2165.01 - Considerations Relevant to Best Mode
2165.02 - Best Mode Requirement Compared to Enablement Requirement
2165.03 - Requirements for Rejection for Lack of Best Mode
2165.04 - Examples of Evidence of Concealment
2171 - Two Separate Requirements for Claims Under 35 U.S.C. 112, Second Paragraph
2172 - Subject Matter Which Applicants Regard as Their Invention
2172.01 - Unclaimed Essential Matter
2173 - Claims Must Particularly Point Out and Distinctly Claim the Invention
2173.01 - Interpreting the Claims
2173.02 - Determining Whether Claim Language is Definite
2173.03 - Correspondence Between Specification and Claims
2173.04 - Breadth Is Not Indefiniteness
2173.05 - Specific Topics Related to Issues Under 35 U.S.C. 112, Second Paragraph
2173.05(a) - New Terminology
2173.05(b) - Relative Terminology
2173.05(c) - Numerical Ranges and Amounts Limitations
2173.05(d) - Exemplary Claim Language (“for example,” “such as”)
2173.05(e) - Lack of Antecedent Basis
2173.05(f) - Reference to Limitations in Another Claim
2173.05(g) - Functional Limitations
2173.05(h) - Alternative Limitations
2173.05(i) - Negative Limitations
2173.05(j) - Old Combination
2173.05(k) - Aggregation
2173.05(m) - Prolix
2173.05(n) - Multiplicity
2173.05(o) - Double Inclusion
2173.05(p) - Claim Directed to Product-By- Process or Product and Process
2173.05(q) - “Use” Claims
2173.05(r) - Omnibus Claim
2173.05(s) - Reference to Figures or Tables
2173.05(t) - Chemical Formula
2173.05(u) - Trademarks or Trade Names in a Claim
2173.05(v) - Mere Function of Machine
2173.06 - Practice Compact Prosecution
2174 - Relationship Between the Requirements of the First and Second Paragraphs of 35 U.S.C. 112
2181 - Identifying a 35 U.S.C. 112, Sixth Paragraph Limitation
2182 - Scope of the Search and Identification of the Prior Art
2183 - Making a Prima Facie Case of Equivalence
2184 - Determining Whether an Applicant Has Met the Burden of Proving Nonequivalence After a Prima Facie Case Is Made
2185 - Related Issues Under 35 U.S.C. 112, First or Second Paragraphs
2186 - Relationship to the Doctrine of Equivalents
2190 - Prosecution Laches
2200 - Citation of Prior Art and Ex Parte Reexamination of Patents
2201 - Introduction
2202 - Citation of Prior Art
2203 - Persons Who May Cite Prior Art
2204 - Time for Filing Prior Art Citation
2205 - Content of Prior Art Citation
2206 - Handling of Prior Art Citation
2207 - Entry of Court Decision in Patent File
2208 - Service of Citation on Patent Owner
2209 - Ex Parte Reexamination
2210 - Request for Ex Parte Reexamination
2211 - Time for RequestingEx Parte Reexamination
2212 - Persons Who May File a Request for Ex ParteReexamination
2212.01 - Inquiries from Persons Other Than the Patent Owner
2213 - Representative of Requester
2214 - Content of Request for Ex ParteReexamination
2215 - Fee for Requesting Ex Parte Reexamination
2216 - Substantial New Question of Patentability
2217 - Statement in the Request Applying Prior Art
2218 - Copies of Prior Art
2219 - Copy of Printed Patent
2220 - Certificate of Service
2221 - Amendments Included in Request by Patent Owner
2222 - Address of Patent Owner
2223 - Withdrawal of Attorney or Agent
2224 - Correspondence
2225 - Untimely Paper Filed Prior to Order
2226 - Initial Processing of Request for Ex ParteReexamination
2227 - Incomplete Request for Ex ParteReexamination
2229 - Notice of Request for Ex ParteReexamination in Official Gazette
2230 - Constructive Notice to Patent Owner
2231 - Processing of Request Corrections
2232 - Public Access
2232.01 - Determining if a Reexamination Request Was Filed for a Patent
2233 - Processing in Central Reexamination Unit and Technology Center
2234 - Entry of Amendments
2235 - Record Systems
2236 - Assignment of Reexamination
2237 - Transfer Procedure
2238 - Time Reporting
2239 - Reexamination Ordered at the Director’s Initiative
2240 - Decision on Request
2241 - Time for Deciding Request
2242 - Criteria for Deciding Request
2243 - Claims Considered in Deciding Request
2244 - Prior Art on Which the Determination Is Based
2245 - Processing of Decision
2246 - Decision Ordering Reexamination
2247 - Decision on Request for Reexamination, Request Denied
2247.01 - Examples of Decisions on Request for Reexamination
2248 - Petition From Denial of Request
2249 - Patent Owner’s Statement
2250 - Amendment by Patent Owner
2250.01 - Correction of Patent Drawings
2250.02 - Correction of Inventorship
2250.03 - Fees for Adding Claims
2251 - Reply by Third Party Requester
2252 - Consideration of Statement and Reply
2253 - Consideration by Examiner
2254 - Conduct of Ex Parte Reexamination Proceedings
2255 - Who Reexamines
2256 - Prior Art Patents and Printed Publications Reviewed by Examiner in Reexamination
2257 - Listing of Prior Art
2258 - Scope of Ex Parte Reexamination
2258.01 - Use of Previously Cited/Considered Art in Rejections
2259 - Res Judicata andCollateral Estoppel in Reexamination Proceedings
2260 - Office Actions
2260.01 - Dependent Claims
2261 - Special Status for Action
2262 - Form and Content of Office Action
2263 - Time for Response
2264 - Mailing of Office Action
2265 - Extension of Time
2266 - Responses
2266.01 - Submission Not Fully Responsive to Non-Final Office Action
2266.02 - Examiner Issues Notice of Defective Paper in Ex Parte Reexamination
2266.03 - Service of Papers
2267 - Handling of Inappropriate or Untimely Filed Papers
2268 - Petition for Entry of Late Papers for Revival of Reexamination Proceeding
2269 - Reconsideration
2270 - Clerical Handling
2271 - Final Action
2271.01 - Panel Review
2272 - After Final Practice
2273 - Appeal in Ex Parte Reexamination
2274 - Appeal Brief
2275 - Examiner’s Answer
2276 - Oral Hearing
2277 - Board of Patent Appeals and Interferences Decision
2278 - Action Following Decision
2279 - Appeal to Courts
2280 - Information Material to Patentability in Reexamination Proceeding
2281 - Interviews in Ex Parte Reexamination Proceedings
2282 - Notification of Existence of Prior or Concurrent Proceedings and Decisions Thereon
2283 - Multiple Copending Ex Parte Reexamination Proceedings
2284 - Copending Ex Parte Reexamination and Interference Proceedings
2285 - Copending Ex Parte Reexamination and Reissue Proceedings
2286 - Ex Parte Reeexamination and Litigation Proceedings
2287 - Conclusion of Ex Parte Reexamination Proceeding
2287.01 - Examiner Consideration of Submissions After a NIRC
2288 - Issuance of Ex Parte Reexamination Certificate
2289 - Reexamination Review
2290 - Format of Ex Parte Reexamination Certificate
2291 - Notice of Ex Parte Reexamination Certificate Issuance in Official Gazette
2292 - Distribution of Certificate
2293 - Intervening Rights
2294 - Concluded Reexamination Proceedings
2295 - Reexamination of a Reexamination
2296 - USPTO Forms To Be Used In Ex Parte Reexamination
2300 - Interference Proceedings
2301 - Introduction
2301.01 - Statutory Basis
2301.02 - Definitions
2301.03 - Interfering Subject Matter
2302 - Consult an Interference Practice Specialist
2303 - Completion of Examination
2303.01 - Issuance and Suspension
2303.02 - Other Outstanding Issues with Patents
2304 - Suggesting an Interference
2304.01 - Preliminaries to Referring an Interference to the Board
2304.01(a) - Interference Search
2304.01(b) - Obtaining Control Over Involved Files
2304.01(c) - Translation of Foreign Benefit Application
2304.01(d) - Sorting Claims
2304.02 - Applicant Suggestion
2304.02(a) - Identifying the Other Application or Patent
2304.02(b) - Counts and Corresponding Claims
2304.02(c) - Explaining Priority
2304.02(d) - Adequate Written Description
2304.03 - Patentee Suggestion
2304.04 - Examiner Suggestion
2304.04(a) - Interfering Claim Already in Application
2304.04(b) - Requiring a Claim
2304.05 - Common Ownership
2305 - Requiring a Priority Showing
2306 - Secrecy Order Cases
2307 - Action During an Interference
2307.01 - Ex Parte Communications
2307.02 - Access to Related Files
2307.03 - Suspension of Related Examinations
2307.04 - Additional Parties to Interference
2307.05 - Board Action on Related Files
2307.06 - Action at the Board
2308 - Action After an Interference
2308.01 - Final Disposal of Claims
2308.02 - Added or Amended Claims
2308.03 - Estoppel Within the Office
2308.03(a) - Losing Party
2308.03(b) - No Interference-in-Fact
2308.03(c) - No Second Interference
2309 - National Aeronautics and Space Administration or Department of Energy
2400 - Biotechnology
2401 - Introduction
2402 - The Deposit Rules
2403 - Deposit of Biological Material
2403.01 - Material Capable of Self-Replication
2403.02 - Plant Material
2404 - Need or Opportunity to Makea Deposit
2404.01 - Biological Material That IsKnown and Readily Availableto the Public
2404.02 - Biological Material That Can BeMade or Isolated Without UndueExperimentation
2404.03 - Reference to a Deposit inthe Specification
2405 - Acceptable Depository
2406 - Time of Making an OriginalDeposit
2406.01 - Description in ApplicationSpecification
2406.02 - Deposit After Filing Date -Corroboration
2406.03 - Possible Loss of U.S. FilingDate in Other Countries
2407 - Replacement or Supplementof Deposit
2407.01 - In a Pending Application
2407.02 - After a Patent Has Issued
2407.03 - Failure to Replace
2407.04 - Treatment of Replacement
2407.05 - Exemption From Replacement
2407.06 - Replacement May Not BeRecognized
2408 - Term of Deposit
2409 - Viability of Deposit
2410 - Furnishing of Samples
2410.01 - Conditions of Deposit
2410.02 - Certification of Statement of Availability of Deposit
2411 - Examination Procedures
2411.01 - Rejections Based on DepositIssue
2411.02 - Replies to Rejections Basedon Deposit Issue
2411.03 - Application in Conditionfor Allowance Except for Deposit
2411.04 - After a Patent Has Been Granted
2411.05 - Content of Application withRespect to Deposited Material
2420 - The Requirements for PatentApplications Containing Nucleotide Sequence and/or Amino AcidSequence Disclosures - theSequence Rules
2421 - Overview of the Sequence Rules
2421.01 - Applications Affected
2421.02 - Summary of the Requirements of the Sequence Rules
2421.03 - Notification of a Failureto Comply
2421.04 - Future Changes to the SequenceRules
2422 - Nucleotide and/or Amino AcidSequence Disclosures in Patent Applications
2422.01 - Definitions of Nucleotide and/or Amino Acids for Purpose of Sequence Rules
2422.02 - The Requirement for ExclusiveConformance; Sequences Presented in Drawing Figures
2422.03 - The Requirements for a Sequence Listing and Sequence Identifiers; Sequences Embedded in Application Text; Variants of a Presented Sequence
2422.04 - The Requirement for a Computer Readable Copy of the Official Copy of the Sequence Listing
2422.05 - Reference to Previously FiledIdentical Computer ReadableForm; Continuing or DerivativeApplications; Request forTransfer of Computer ReadableForm
2422.06 - Requirement for StatementRegarding Content of Officialand Computer Readable Copiesof Sequence Listing
2422.07 - Requirements for Compliance,Statements Regarding NewMatter, and Sanctions forFailure to Comply
2422.08 - Presumptions RegardingCompliance
2422.09 - Box Sequence; Hand Delivery of Sequence Listings and Computer Readable Forms
2423 - Symbols and Format To Be Usedfor Nucleotide and/or Amino AcidSequence Data
2423.01 - Format and Symbols To BeUsed in Sequence Listings
2423.02 - Depiction of Coding Regions
2423.03 - Presentation and Enumerationof Sequences
2424 - Requirements for Nucleotide and/or Amino Acid Sequences as Part of the Application Papers
2424.01 - Informational Requirements for the Sequence Listing
2424.02 - Sequence Listing NumericIdentifiers
2424.03 - Additional MiscellaneousRequirements
2425 - Form and Format for Nucleotideand/or Amino Acid SequenceSubmissions in ComputerReadable Form
2426 - Amendments to or Replacementof Sequence Listing and ComputerReadable Copy Thereof
2427 - Form Paragraphs and Noticeto Comply
2427.01 - Form Paragraphs
2427.02 - Notice To Comply
2428 - Sample Statements
2429 - Helpful Hints for Compliance
2430 - PatentIn Information; UtilitiesPrograms; Training
2431 - Sample Sequence Listing
2434 - Examination of Patent ApplicationsClaiming Large Numbers ofNucleotide Sequences
2435 - Publishing of Patents and Patent Application Publications with Lengthy Sequence Listings
2500 - Maintenance Fees
2501 - Introduction
2504 - Patents Subject to Maintenance Fees
2506 - Times for Submitting Maintenance Fee Payments
2510 - Submission of Maintenance Fee Payments and Documents
2515 - Information Required for Submission of Maintenance Fee Payment
2520 - Maintenance Fee Amounts
2522 - Methods of Payment
2530 - Special Acceptance of Maintenance Fee Payments Containing Informalities
2531 - Payment Late or Insufficient
2532 - Duplicate Payments
2540 - Fee Address for Maintenance Fee Purposes
2542 - Change of Correspondence Address
2550 - Small Entity Status
2560 - Revocation of Power of Attorney and Withdrawal of Attorney
2570 - Maintenance Fee Payment Status Requests
2575 - Notices
2580 - Review of Decision Refusing to Accept and Record Payment of a Maintenance Fee Filed Prior to Expiration of Patent
2590 - Acceptance of Delayed Payment of Maintenance Fee in Expired Patent to Reinstate Patent
2591 - Intervening Rights in Reinstated Patents
2595 - Forms
2600 - Optional Inter Partes Reexamination
2601 - Introduction [Added R-2]
2601.01 - Flowcharts
2602 - Citation of Prior Art
2609 - Inter Partes Reexamination
2610 - Request for Inter Partes Reexamination
2611 - Time for Requesting Inter Partes Reexamination
2612 - Persons Who May File a Request
2613 - Representative of Requester
2614 - Content of Request for Inter Partes Reexamination
2615 - Fee for Requesting Inter Partes Reexamination
2616 - Substantial New Question of Patentability
2617 - Statement in the Request Applying Prior Art
2618 - Copies of Prior Art (Patents and Printed Publications)
2619 - Copy of Printed Patent [Added R-2]
2620 - Certificate of Service
2622 - Address of Patent Owner
2623 - Withdrawal of Attorney or Agent
2624 - Correspondence
2625 - Untimely Paper Filed Prior to First Office Action
2626 - Initial Processing of Request for Inter Partes Reexamination [Added R-2]
2627 - Incomplete Request for Inter Partes Reexamination
2629 - Notice of Request for Inter Partes Reexamination in Official Gazette
2630 - Constructive Notice to Patent Owner [Added R-2]
2631 - Processing of Request Corrections
2632 - Public Access
2632.01 - Determining If a Reexamination Request Was Filed for a Patent
2633 - Workflow
2634 - Fee Processing and Procedure
2635 - Record Systems
2636 - Assignment of Reexamination
2637 - Transfer Procedure
2638 - Time Reporting
2640 - Decision on Request
2641 - Time for Deciding Request
2642 - Criteria for Deciding Request
2643 - Claims Considered in Deciding Request
2644 - Prior Art on Which the Determination Is Based [Added R-2]
2646 - Decision Ordering Reexamination
2647 - Decision Denying Reexamination
2647.01 - Examples of Decisions on Requests
2647.02 - Processing of Decision
2648 - Petition From Denial of Request
2654 - Conduct of Inter Partes Reexamination Proceedings [Added R-2]
2655 - Who Reexamines
2656 - Prior Art Patents and Printed Publications Reviewed by Examiner in Reexamination
2657 - Listing of Prior Art
2658 - Scope of Inter Partes Reexamination
2659 - Res Judicata and Collateral Estoppel in Reexamination Proceedings [Added R-2]
2660 - First Office Action
2660.02 - The Title
2660.03 - Dependent Claims [Added R-2]
2661 - Special Status for Action [Added R-2]
2662 - Time for Response and Comments
2664 - Mailing of Office Action
2665 - Extension of Time for Patent Owner Response
2666 - Patent Owner Response to Office Action
2666.01 - Amendment by Patent Owner
2666.02 - Correction of Patent Drawings [Added R-2]
2666.03 - Correction of Inventorship [Added R-2]
2666.04 - Fees for Adding Claims
2666.05 - Third Party Comments After Patent Owner Response
2666.06 - Service of Papers
2666.10 - Patent Owner Does Not Respond to Office Action
2666.20 - Third Party Does Not Comment After Patent Owner Response
2666.30 - Submission Not Fully Responsive to Non-final Office Action
2666.40 - Patent Owner Completion of Response and Third Party Comments Thereon
2666.50 - Examiner Issues Notice of Defective Paper in Inter Partes Reexamination
2666.60 - Response by Patent Owner/Third Party to Notice of Defective Paper
2667 - Handling of Inappropriate or Untimely Filed Papers
2668 - Petition for Entry of Late Papers for Revival of Reexamination Proceeding
2670 - Clerical Handling
2671 - Examiner Action Following Response/Comments or Expiration of Time for Same
2671.01 - Examiner Issues Action on Merits That Does Not Close Prosecution
2671.02 - Examiner Issues Action Closing Prosecution (ACP)
2671.03 - Panel Review
2672 - Patent Owner Comments/Amendment After ACP and Third Party Requester Responsive Comments
2673 - Examiner Consideration of Submissions After ACP and Further Action [Added R-2]
2673.01 - Reopening Prosecution After ACP [Added R-2]
2673.02 - Examiner Issues Right of Appeal Notice (RAN)
2674 - Appeal in Reexamination
2674.01 - Cross Appeal After Original Appeal
2675 - Appellant Brief
2675.01 - Respondent Brief
2675.02 - Informalities in One or More of the Briefs
2676 - Appeal Conference
2677 - Examiner’s Answer
2678 - Rebuttal Briefs
2679 - Office Treatment of Rebuttal Brief
2680 - Oral Hearing
2681 - Board of Patent Appeals and Interferences Decision
2682 - Action Following Decision
2683 - Appeal to Courts
2684 - Information Material to Patentability in Reexamination Proceeding [Added R-2]
2685 - No Interviews on Merits in Inter Partes Reexamination Proceedings
2686 - Notification of Existence of Prior or Concurrent Proceedings and Decisions Thereon
2686.01 - Multiple Copending Reexamination Proceedings
2686.02 - Copending Reexamination and Interference Proceedings
2686.03 - Copending Reexamination and Reissue Proceedings
2686.04 - Reexamination and Litigation Proceedings
2687 - Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) and Conclusion of Reexamination Proceeding
2687.01 - Examiner Consideration of Submissions After NIRC
2688 - Issuance of Inter Partes Reexamination Certificate
2689 - Reexamination Review
2690 - Format of Inter Partes Reexamination Certificate
2691 - Notice of Inter Partes Reexamination Certificate Issuance in Official Gazette
2692 - Distribution of Certificate
2693 - Intervening Rights [Added R-2]
2694 - Concluded Reexamination Proceedings
2695 - Reexamination of a Reexamination [Added R-2]
2696 - USPTO Forms To Be Used in Inter Partes Reexamination
2700 - Patent Terms and Extensions
2701 - Patent Term
2710 - Term Extensions or Adjustmentsfor Delays Within the USPTOUnder 35 U.S.C. 154
2720 - Applications Filed Between June 8, 1995, and May 28, 2000
2730 - Applications Filed on or After May 29, 2000; Grounds for Adjustment
2731 - Period of Adjustment
2732 - Reduction of Period of Adjustment of Patent Term
2733 - Patent Term Adjustment Determination
2734 - Application for Patent Term Adjustment; Due Care Showing
2735 - Request for Reconsideration of Patent Term Adjustment Determination
2736 - Third Party Papers
2750 - Patent Term Extension for Delays at other Agencies under 35 U.S.C. 156
2751 - Eligibility Requirements
2752 - Patent Term Extension Applicant
2753 - Application Contents
2754 - Filing Date
2754.01 - Deadline for Filing an Application Under 35 U.S.C. 156(d)(1)
2754.02 - Filing Window for an Application Under 35 U.S.C. 156(d)(5)
2754.03 - Filing of a Request for an Extension Under 35 U.S.C. 156(e)(2)
2755 - Eligibility Determination
2755.01 - Interim Extension of Patent Term During the Processing of the Application
2755.02 - Interim Extension of Patent Term Before Product Approval
2756 - Correspondence Between the USPTO and the Regulatory Agency
2757 - Regulatory Agency Determinationof the Length of the RegulatoryReview Period
2757.01 - Due Diligence Determination
2758 - Notice of Final Determination - Calculation of Patent Term Extension
2759 - Certificate of Extension of Patent Term
2760 - Trade Secret, Confidential, and Protective Order Material
2761 - Multiple Applications for Extension of Term of the Same Patent or of Different Patents for the Same Regulatory Review Period for a Product
2762 - Duty of Disclosure in Patent Term Extension Proceedings
2763 - Limitation of Third Party Participation
2764 - Express Withdrawal of Applicationfor Extension of Patent Term
I - Partial List of Trademarks
II - List of Decisions Cited
L - Patent Laws
35 U.S.C. 1 - Establishment.
35 U.S.C. 2 - Powers and duties.
35 U.S.C. 2 - Powers and duties. (Sept. 16, 2012)
35 U.S.C. 3 - Officers and employees.
35 U.S.C. 3 - Officers and employees. (Sept. 16, 2012)
35 U.S.C. 4 - Restrictions on officers and employees as to interest in patents.
35 U.S.C. 5 - Patent and Trademark Office Public Advisory Committees.
35 U.S.C. 6 - Board of Patent Appeals and Interferences.
35 U.S.C. 6 - Patent Trial and Appeal Board. (Sept. 16, 2012)
35 U.S.C. 7 - Library.
35 U.S.C. 8 - Classification of patents.
35 U.S.C. 9 - Certified copies of records.
35 U.S.C. 10 - Publications.
35 U.S.C. 11 - Exchange of copies of patents and applications with foreign countries.
35 U.S.C. 12 - Copies of patents and applications for public libraries.
35 U.S.C. 13 - Annual report to Congress.
35 U.S.C. 21 - Filing date and day for taking action.
35 U.S.C. 22 - Printing of papers filed.
35 U.S.C. 23 - Testimony in Patent and Trademark Office cases.
35 U.S.C. 24 - Subpoenas, witnesses.
35 U.S.C. 25 - Declaration in lieu of oath.
35 U.S.C. 26 - Effect of defective execution.
35 U.S.C. 31 - [Repealed].
35 U.S.C. 32 - Suspension or exclusion from practice.
35 U.S.C. 33 - Unauthorized representation as practitioner.
35 U.S.C. 41 - Patent fees; patent and trademark search systems.
35 U.S.C. 42 - Patent and Trademark Office funding.
35 U.S.C. 100 - Definitions.
35 U.S.C. 100 - Definitions. (March 16, 2013)
35 U.S.C. 101 - Inventions patentable.
35 U.S.C. 102 - Conditions for patentability; novelty and loss of right to patent.
35 U.S.C. 103 - Conditions for patentability; non-obvious subject matter.
35 U.S.C. 104 - Invention made abroad.
35 U.S.C. 105 - Inventions in outer space.
35 U.S.C. 111 - Application.
35 U.S.C. 112 - Specification.
35 U.S.C. 112 - Specification. (Sept. 16, 2012)
35 U.S.C. 113 - Drawings.
35 U.S.C. 114 - Models, specimens.
35 U.S.C. 115 - Oath of applicant.
35 U.S.C. 115 - Inventor’s oath or declaration. (Sept. 16, 2012)
35 U.S.C. 116 - Inventors.
35 U.S.C. 116 - Inventors. (Sept. 16, 2012)
35 U.S.C. 117 - Death or incapacity of inventor.
35 U.S.C. 118 - Filing by other than inventor.
35 U.S.C. 118 - Filing by other than inventor. (Sept. 16, 2012)
35 U.S.C. 119 - Benefit of earlier filing date; right of priority.
35 U.S.C. 119 - Benefit of earlier filing date; right of priority. (March 16, 2013)
35 U.S.C. 120 - Benefit of earlier filing date in the United States.
35 U.S.C. 120 - Benefit of earlier filing date in the United States. (March 16, 2013)
35 U.S.C. 121 - Divisional applications.
35 U.S.C. 121 - Divisional applications. (Sept. 16, 2012)
35 U.S.C. 122 - Confidential status of applications; publication of patent applications.
35 U.S.C. 122 - Confidential status of applications; publication of patent applications. (Sept. 16, 2012)
35 U.S.C. 123 - Micro entity defined
35 U.S.C. 131 - Examination of application.
35 U.S.C. 132 - Notice of rejection; reexamination.
35 U.S.C. 133 - Time for prosecuting application.
35 U.S.C. 134 - Appeal to the Board of Patent Appeals and Interferences.
35 U.S.C. 134 - Appeal to the Board of Patent Appeals and Interferences. (Sept. 16, 2012)
35 U.S.C. 134 - Appeal to the Patent Trial and Appeal Board. (March 16, 2013)
35 U.S.C. 135 - Interferences.
35 U.S.C. 141 - Appeal to the Court of Appeals for the Federal Circuit.
35 U.S.C. 141 - Appeal to Court of Appeals for the Federal Circuit. (Sept. 16, 2012)
35 U.S.C. 142 - Notice of appeal.
35 U.S.C. 143 - Proceedings on appeal.
35 U.S.C. 143 - Proceedings on appeal. (Sept. 16, 2012)
35 U.S.C. 144 - Decision on appeal.
35 U.S.C. 145 - Civil action to obtain patent.
35 U.S.C. 145 - Civil action to obtain patent. (March 16, 2013)
35 U.S.C. 146 - Civil action in case of interference.
35 U.S.C. 146 - Civil action in case of derivation proceeding. (March 16, 2013)
35 U.S.C. 151 - Issue of patent.
35 U.S.C. 152 - Issue of patent to assignee.
35 U.S.C. 153 - How issued.
35 U.S.C. 154 - Contents and term of patent; provisional rights.
35 U.S.C. 155 - Patent term extension.
35 U.S.C. 155A - Patent term restoration.
35 U.S.C. 156 - Extension of patent term.
35 U.S.C. 157 - Statutory invention registration.
35 U.S.C. 161 - Patents for plants.
35 U.S.C. 162 - Description, claim.
35 U.S.C. 163 - Grant.
35 U.S.C. 164 - Assistance of the Department of Agriculture.
35 U.S.C. 171 - Patents for designs.
35 U.S.C. 172 - Right of priority.
35 U.S.C. 172 - Right of priority. (March 16, 2013)
35 U.S.C. 173 - Term of design patent.
35 U.S.C. 181 - Secrecy of certain inventions and withholding of patent.
35 U.S.C. 182 - Abandonment of invention for unauthorized disclosure.
35 U.S.C. 183 - Right to compensation.
35 U.S.C. 184 - Filing of application in foreign country.
35 U.S.C. 184 - Filing of application in foreign country. (Sept. 16, 2012)
35 U.S.C. 185 - Patent barred for filing without license.
35 U.S.C. 185 - Patent barred for filing without license. (Sept. 16, 2012)
35 U.S.C. 186 - Penalty.
35 U.S.C. 187 - Nonapplicability to certain persons.
35 U.S.C. 188 - Rules and regulations, delegation of power.
35 U.S.C. 200 - Policy and objective.
35 U.S.C. 201 - Definitions.
35 U.S.C. 202 - Disposition of rights.
35 U.S.C. 202 - Disposition of rights. (March 16, 2013)
35 U.S.C. 203 - March-in rights.
35 U.S.C. 204 - Preference for United States industry.
35 U.S.C. 205 - Confidentiality.
35 U.S.C. 206 - Uniform clauses and regulations.
35 U.S.C. 207 - Domestic and foreign protection of federally owned inventions.
35 U.S.C. 208 - Regulations governing Federal licensing.
35 U.S.C. 209 - Licensing federally owned inventions.
35 U.S.C. 210 - Precedence of chapter.
35 U.S.C. 211 - Relationship to antitrust laws.
35 U.S.C. 212 - Disposition of rights in educational awards.
35 U.S.C. 251 - Reissue of defective patents.
35 U.S.C. 251 - Reissue of defective patents. (Sept. 16, 2012)
35 U.S.C. 252 - Effect of reissue.
35 U.S.C. 253 - Disclaimer.
35 U.S.C. 253 - Disclaimer. (Sept. 16, 2012)
35 U.S.C. 254 - Certificate of correction of Patent and Trademark Office mistake.
35 U.S.C. 255 - Certificate of correction of applicant’s mistake.
35 U.S.C. 256 - Correction of named inventor.
35 U.S.C. 256 - Correction of named inventor. (Sept. 16, 2012)
35 U.S.C. 257 - Supplemental examinations to consider, reconsider, or correct information. (Sept. 16, 2012)
35 U.S.C. 261 - Ownership; assignment.
35 U.S.C. 262 - Joint owners.
35 U.S.C. 266 - [Repealed.]
35 U.S.C. 267 - Time for taking action in Government applications.
35 U.S.C. 271 - Infringement of patent.
35 U.S.C. 272 - Temporary presence in the United States.
35 U.S.C. 273 - Defense to infringement based on prior commercial use.
35 U.S.C. 281 - Remedy for infringement of patent.
35 U.S.C. 282 - Presumption of validity; defenses.
35 U.S.C. 282 - Presumption of validity; defenses. (Sept. 16, 2012)
35 U.S.C. 283 - Injunction.
35 U.S.C. 284 - Damages.
35 U.S.C. 285 - Attorney fees.
35 U.S.C. 286 - Time limitation on damages.
35 U.S.C. 287 - Limitation on damages and other remedies; marking and notice.
35 U.S.C. 288 - Action for infringement of a patent containing an invalid claim.
35 U.S.C. 288 - Action for infringement of a patent containing an invalid claim. (Sept. 16, 2012)
35 U.S.C. 289 - Additional remedy for infringement of design patent.
35 U.S.C. 290 - Notice of patent suits.
35 U.S.C. 291 - Interfering patents.
35 U.S.C. 291 - Derived Patents. (March 16, 2013)
35 U.S.C. 292 - False marking.
35 U.S.C. 293 - Nonresident patentee; service and notice.
35 U.S.C. 294 - Voluntary arbitration.
35 U.S.C. 295 - Presumption: Product made by patented process.
35 U.S.C. 296 - Liability of States, instrumentalities of States, and State officials for infringement of patents.
35 U.S.C. 297 - Improper and deceptive invention promotion.
35 U.S.C. 298 - Advice of counsel. (Sept. 16, 2012)
35 U.S.C. 299 - Joinder of parties.
35 U.S.C. 301 - Citation of prior art.
35 U.S.C. 302 - Request for reexamination.
35 U.S.C. 303 - Determination of issue by Director.
35 U.S.C. 303 - Determination of issue by Director. (Sept. 16, 2012)
35 U.S.C. 304 - Reexamination order by Director.
35 U.S.C. 305 - Conduct of reexamination proceedings.
35 U.S.C. 306 - Appeal.
35 U.S.C. 307 - Certificate of patentability, unpatentability, and claim cancellation.
35 U.S.C. 311 - Request for inter partes reexamination.
35 U.S.C. 312 - Determination of issue by Director.
35 U.S.C. 313 - Inter partes reexamination order by Director.
35 U.S.C. 314 - Conduct of inter partes reexamination proceedings.
35 U.S.C. 315 - Appeal.
35 U.S.C. 316 - Certificate of patentability, unpatentability and claim cancellation.
35 U.S.C. 317 - Inter partes reexamination prohibited.
35 U.S.C. 318 - Stay of litigation.
35 U.S.C. 311 - Inter partes review. (Sept. 16, 2012)
35 U.S.C. 312 - Petitions. (Sept. 16, 2012)
35 U.S.C. 313 - Preliminary response to petition. (Sept. 16, 2012)
35 U.S.C. 314 - Institution of inter partes review. (Sept. 16, 2012)
35 U.S.C. 315 - Relation to other proceedings or actions. (Sept. 16, 2012)
35 U.S.C. 316 - Conduct of inter partes review. (Sept. 16, 2012)
35 U.S.C. 317 - Settlement. (Sept. 16, 2012)
35 U.S.C. 318 - Decision of the Board. (Sept. 16, 2012)
35 U.S.C. 319 - Appeal. (Sept. 16, 2012)
35 U.S.C. 351 - Definitions.
35 U.S.C. 361 - Receiving Office.
35 U.S.C. 362 - International Searching Authority and International Preliminary Examining Authority.
35 U.S.C. 363 - International application designating the United States: Effect.
35 U.S.C. 363 - International application designating the United States: Effect. (March 16, 2013)
35 U.S.C. 364 - International stage: Procedure.
35 U.S.C. 365 - Right of priority; benefit of the filing date of a prior application.
35 U.S.C. 366 - Withdrawn international application.
35 U.S.C. 367 - Actions of other authorities: Review.
35 U.S.C. 368 - Secrecy of certain inventions; filing international applications in foreign countries.
35 U.S.C. 371 - National stage: Commencement.
35 U.S.C. 372 - National stage: Requirements and procedure.
35 U.S.C. 373 - Improper applicant.
35 U.S.C. 374 - Publication of international application.
35 U.S.C. 374 - Publication of international application. (March 16, 2013)
35 U.S.C. 375 - Patent issued on international application: Effect.
35 U.S.C. 375 - Patent issued on international application: Effect. (March 16, 2013)
35 U.S.C. 376 - Fees.
18 U.S.C. 1001 - Statements or entries generally.
18 U.S.C. 2071 - Concealment, removal, or mutilation generally.
Index - INDEX OF PATENT LAWS
R - Patent Rules
1.1 - Addresses for non-trademark correspondence with the United States Patent and Trademark Office.
1.2 - Business to be transacted in writing.
1.3 - Business to be conducted with decorum and courtesy.
1.4 - Nature of correspondence and signature requirements.
1.5 - Identification of patent, patent application, or patent-related proceeding.
1.6 - Receipt of correspondence.
1.7 - Times for taking action; Expiration on Saturday, Sunday or Federal holiday.
1.8 - Certificate of mailing or transmission.
1.9 - Definitions.
1.10 - Filing of correspondence by “Express Mail.”
1.11 - Files open to the public.
1.12 - Assignment records open to public inspection.
1.13 - Copies and certified copies.
1.14 - Patent applications preserved in confidence.
1.15 - [Reserved]
1.16 - National application filing, search, and examination fees.
1.17 - Patent application and reexamination processing fees.
1.18 - Patent post allowance (including issue) fees.
1.19 - Document supply fees.
1.20 - Post issuance fees.
1.21 - Miscellaneous fees and charges.
1.22 - Fees payable in advance.
1.23 - Methods of payment.
1.24 - [Reserved]
1.25 - Deposit accounts.
1.26 - Refunds.
1.27 - Definition of small entities and establishing status as a small entity to permit payment of small entity fees; when a determination of entitlement to small entity status and notification of loss of entitlement to small entity status are required; fraud on the Office.
1.28 - Refunds when small entity status is later established; how errors in small entity status are excused.
1.31 - Applicant may be represented by one or more patent practitioners or joint inventors.
1.32 - Power of attorney.
1.33 - Correspondence respecting patent applications, reexamination proceedings, and other proceedings.
1.34 - Acting in a representative capacity.
1.36 - Revocation of power of attorney; withdrawal of patent attorney or agent.
1.41 - Applicant for patent.
1.42 - When the inventor is dead.
1.43 - When the inventor is insane or legally incapacitated.
1.44 - [Reserved]
1.45 - Joint inventors.
1.46 - Assigned inventions and patents.
1.47 - Filing when an inventor refuses to sign or cannot be reached.
1.48 - Correction of inventorship in a patent application, other than a reissue application, pursuant to 35 U.S.C. 116.
1.51 - General requisites of an application.
1.52 - Language, paper, writing, margins, compact disc specifications.
1.53 - Application number, filing date, and completion of application.
1.54 - Parts of application to be filed together; filing receipt.
1.55 - Claim for foreign priority.
1.56 - Duty to disclose information material to patentability.
1.57 - Incorporation by reference.
1.58 - Chemical and mathematical formulae and tables.
1.59 - Expungement of information or copy of papers in application file.
1.60 - [Reserved]
1.61 - [Reserved]
1.62 - [Reserved]
1.63 - Oath or declaration.
1.64 - Person making oath or declaration.
1.66 - Officers authorized to administer oaths.
1.67 - Supplemental oath or declaration.
1.68 - Declaration in lieu of oath.
1.69 - Foreign language oaths and declarations.
1.70 - [Reserved]
1.71 - Detailed description and specification of the invention.
1.72 - Title and abstract.
1.73 - Summary of the invention.
1.74 - Reference to drawings.
1.75 - Claim(s).
1.76 - Application data sheet.
1.77 - Arrangement of application elements.
1.78 - Claiming benefit of earlier filing date and cross-references to other applications.
1.79 - Reservation clauses not permitted.
1.81 - Drawings required in patent application.
1.83 - Content of drawing.
1.84 - Standards for drawings.
1.85 - Corrections to drawings.
1.88 - [Reserved]
1.91 - Models or exhibits not generally admitted as part of application or patent.
1.92 - [Reserved]
1.93 - Specimens.
1.94 - Return of models, exhibits or specimens.
1.95 - Copies of exhibits.
1.96 - Submission of computer program listings.
1.97 - Filing of information disclosure statement.
1.98 - Content of information disclosure statement.
1.99 - Third-party submission in published application.
1.101 - [Reserved]
1.102 - Advancement of examination.
1.103 - Suspension of action by the Office.
1.104 - Nature of examination.
1.105 - Requirements for information.
1.106 - [Reserved]
1.107 - [Reserved]
1.108 - [Reserved]
1.109 - [Reserved]
1.110 - Inventorship and date of invention of the subject matter of individual claims.
1.111 - Reply by applicant or patent owner to a non-final Office action.
1.112 - Reconsideration before final action.
1.113 - Final rejection or action.
1.114 - Request for continued examination.
1.115 - Preliminary amendments.
1.116 - Amendments and affidavits or other evidence after final action and prior to appeal.
1.117 - [Reserved]
1.118 - [Reserved]
1.119 - [Reserved]
1.121 - Manner of making amendments in applications.
1.122 - [Reserved]
1.123 - [Reserved]
1.124 - [Reserved]
1.125 - Substitute specification.
1.126 - Numbering of claims.
1.127 - Petition from refusal to admit amendment.
1.129 - Transitional procedures for limited examination after final rejection and restriction practice.
1.130 - Affidavit or declaration to disqualify commonly owned patent or published application as prior art.
1.131 - Affidavit or declaration of prior invention.
1.132 - Affidavits or declarations traversing rejections or objections.
1.133 - Interviews.
1.134 - Time period for reply to an Office action.
1.135 - Abandonment for failure to reply within time period.
1.136 - Extensions of time.
1.137 - Revival of abandoned application, terminated or limited reexamination prosecution, or lapsed patent.
1.138 - Express abandonment.
1.139 - [Reserved]
1.141 - Different inventions in one national application.
1.142 - Requirement for restriction.
1.143 - Reconsideration of requirement.
1.144 - Petition from requirement for restriction.
1.145 - Subsequent presentation of claims for different invention.
1.146 - Election of species.
1.151 - Rules applicable.
1.152 - Design drawings.
1.153 - Title, description and claim, oath or declaration.
1.154 - Arrangement of application elements in a design application.
1.155 - Expedited examination of design applications.
1.161 - Rules applicable.
1.162 - Applicant, oath or declaration.
1.163 - Specification and arrangement of application elements in a plant application.
1.164 - Claim.
1.165 - Plant Drawings.
1.166 - Specimens.
1.167 - Examination.
1.171 - Application for reissue.
1.172 - Applicants, assignees.
1.173 - Reissue specification, drawings, and amendments.
1.174 - [Reserved]
1.175 - Reissue oath or declaration.
1.176 - Examination of reissue.
1.177 - Issuance of multiple reissue patents.
1.178 - Original patent; continuing duty of applicant.
1.179 - [Reserved]
1.181 - Petition to the Director.
1.182 - Questions not specifically provided for.
1.183 - Suspension of rules.
1.184 - [Reserved]
1.191 - Appeal to Board of Patent Appeals and Interferences.
1.192 - [Reserved]
1.193 - [Reserved]
1.194 - [Reserved]
1.195 - [Reserved]
1.196 - [Reserved]
1.197 - Termination of proceedings.
1.198 - Reopening after a final decision of the Board of Patent Appeals and Interferences.
1.211 - Publication of applications.
1.213 - Nonpublication request.
1.215 - Patent application publication.
1.217 - Publication of a redacted copy of an application.
1.219 - Early publication.
1.221 - Voluntary publication or republication of patent application publication.
1.248 - Service of papers; manner of service; proof of service in cases other than interferences.
1.251 - Unlocatable file.
1.265 - [Removed]
1.291 - Protests by the public against pending applications.
1.292 - Public use proceedings.
1.293 - Statutory invention registration.
1.294 - Examination of request for publication of a statutory invention registration and patent application to which the request is directed.
1.295 - Review of decision finally refusing to publish a statutory invention registration.
1.296 - Withdrawal of request for publication of statutory invention registration.
1.297 - Publication of statutory invention registration.
1.301 - Appeal to U.S. Court of Appeals for the Federal Circuit.
1.302 - Notice of appeal.
1.303 - Civil action under 35 U.S.C. 145, 146, 306.
1.304 - Time for appeal or civil action.
1.311 - Notice of Allowance.
1.312 - Amendments after allowance.
1.313 - Withdrawal from issue.
1.314 - Issuance of patent.
1.315 - Delivery of patent.
1.316 - Application abandoned for failure to pay issue fee.
1.317 - Lapsed patents; delayed payment of balance of issue fee.
1.318 - [Reserved]
1.321 - Statutory disclaimers, including terminal disclaimers.
1.322 - Certificate of correction of Office mistake.
1.323 - Certificate of correction of applicant’s mistake.
1.324 - Correction of inventorship in patent, pursuant to 35 U.S.C. 256.
1.325 - Other mistakes not corrected.
1.331 - [Reserved]
1.332 - [Reserved]
1.333 - [Reserved]
1.334 - [Reserved]
1.335 - Filing of notice of arbitration awards.
1.351 - Amendments to rules will be published.
1.352 - [Reserved]
1.362 - Time for payment of maintenance fees.
1.363 - Fee address for maintenance fee purposes.
1.366 - Submission of maintenance fees.
1.377 - Review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of patent.
1.378 - Acceptance of delayed payment of maintenance fee in expired patent to reinstate patent.
1.401 - Definitions of terms under the Patent Cooperation Treaty.
1.412 - The United States Receiving Office.
1.413 - The United States International Searching Authority.
1.414 - The United States Patent and Trademark Office as a Designated Office or Elected Office.
1.415 - The International Bureau.
1.416 - The United States International Preliminary Examining Authority.
1.417 - Submission of translation of international publication.
1.419 - Display of currently valid control number under the Paperwork Reduction Act.
1.421 - Applicant for international application.
1.422 - When the inventor is dead.
1.423 - When the inventor is insane or legally incapacitated.
1.424 - [Reserved]
1.425 - [Reserved]
1.431 - International application requirements.
1.432 - Designation of States by filing an international application.
1.433 - Physical requirements of international application.
1.434 - The request.
1.435 - The description.
1.436 - The claims.
1.437 - The drawings.
1.438 - The abstract.
1.445 - International application filing, processing and search fees.
1.446 - Refund of international application filing and processing fees.
1.451 - The priority claim and priority document in an international application.
1.452 - Restoration of right of priority.
1.455 - Representation in international applications.
1.461 - Procedures for transmittal of record copy to the International Bureau.
1.465 - Timing of application processing based on the priority date.
1.468 - Delays in meeting time limits.
1.471 - Corrections and amendments during international processing.
1.472 - Changes in person, name, or address of applicants and inventors.
1.475 - Unity of invention before the International Searching Authority, the International Preliminary Examining Authority and during the national stage.
1.476 - Determination of unity of invention before the International Searching Authority.
1.477 - Protest to lack of unity of invention before the International Searching Authority.
1.480 - Demand for international preliminary examination.
1.481 - Payment of international preliminary examination fees.
1.482 - International preliminary examination fees.
1.484 - Conduct of international preliminary examination.
1.485 - Amendments by applicant during international preliminary examination.
1.488 - Determination of unity of invention before the International Preliminary Examining Authority.
1.489 - Protest to lack of unity of invention before the International Preliminary Examining Authority.
1.491 - National stage commencement and entry.
1.492 - National stage fees.
1.494 - [Reserved]
1.495 - Entering the national stage in the United States of America.
1.496 - Examination of international applications in the national stage.
1.497 - Oath or declaration under 35 U.S.C. 371(c)(4).
1.499 - Unity of invention during the national stage.
1.501 - Citation of prior art in patent files.
1.502 - Processing of prior art citations during an ex parte reexamination proceeding.
1.510 - Request for ex parte reexamination.
1.515 - Determination of the request for ex parte reexamination.
1.520 - Ex parte reexamination at the initiative of the Director.
1.525 - Order for ex parte reexamination.
1.530 - Statement by patent owner in ex parte reexamination; amendment by patent owner in ex parte or inter partes reexamination; inventorship change in ex parte or inter partes reexamination.
1.535 - Reply by third party requester in ex parte reexamination.
1.540 - Consideration of responses in ex parte reexamination.
1.550 - Conduct of ex parte reexamination proceedings.
1.552 - Scope of reexamination in ex parte reexamination proceedings.
1.555 - Information material to patentability in ex parte reexamination and inter partes reexamination proceedings.
1.560 - Interviews in ex parte reexamination proceedings.
1.565 - Concurrent office proceedings which include an ex parte reexamination proceeding.
1.570 - Issuance and publication of ex parte reexamination certificate concludes ex parte reexamination proceeding.
1.701 - Extension of patent term due to examination delay under the Uruguay Round Agreements Act (original applications, other than designs, filed on or after June 8, 1995, and before May 29, 2000).
1.702 - Grounds for adjustment of patent term due to examination delay under the Patent Term Guarantee Act of 1999 (original applications, other than designs, filed on or after May 29, 2000).
1.703 - Period of adjustment of patent term due to examination delay.
1.704 - Reduction of period of adjustment of patent term.
1.705 - Patent term adjustment determination.
1.710 - Patents subject to extension of the patent term.
1.720 - Conditions for extension of patent term.
1.730 - Applicant for extension of patent term; signature requirements.
1.740 - Formal requirements for application for extension of patent term; correction of informalities.
1.741 - Complete application given a filing date; petition procedure.
1.750 - Determination of eligibility for extension of patent term.
1.760 - Interim extension of patent term under 35 U.S.C. 156(e)(2).
1.765 - Duty of disclosure in patent term extension proceedings.
1.770 - Express withdrawal of application for extension of patent term.
1.775 - Calculation of patent term extension for a human drug, antibiotic drug, or human biological product.
1.776 - Calculation of patent term extension for a food additive or color additive.
1.777 - Calculation of patent term extension for a medical device.
1.778 - Calculation of patent term extension for an animal drug product.
1.779 - Calculation of patent term extension for a veterinary biological product.
1.780 - Certificate or order of extension of patent term.
1.785 - Multiple applications for extension of term of the same patent or of different patents for the same regulatory review period for a product.
1.790 - Interim extension of patent term under 35 U.S.C. 156(d)(5).
1.791 - Termination of interim extension granted prior to regulatory approval of a product for commercial marketing or use.
1.801 - Biological material.
1.802 - Need or opportunity to make a deposit.
1.803 - Acceptable depository.
1.804 - Time of making an original deposit.
1.805 - Replacement or supplement of deposit.
1.806 - Term of deposit.
1.807 - Viability of deposit.
1.808 - Furnishing of samples.
1.809 - Examination procedures.
1.821 - Nucleotide and/or amino acid sequence disclosures in patent applications.
1.822 - Symbols and format to be used for nucleotide and/or amino acid sequence data.
1.823 - Requirements for nucleotide and/or amino acid sequences as part of the application.
1.824 - Form and format for nucleotide and/or amino acid sequence submissions in computer readable form.
1.825 - Amendments to or replacement of sequence listing and computer readable copy thereof.
1.902 - Processing of prior art citations during an inter partes reexamination proceeding.
1.903 - Service of papers on parties in inter partes reexamination.
1.904 - Notice of inter partes reexamination in Official Gazette.
1.905 - Submission of papers by the public in inter partes reexamination.
1.906 - Scope of reexamination in inter partes reexamination proceeding.
1.907 - Inter partes reexamination prohibited.
1.913 - Persons eligible to file, and time for filing, a request for inter partes reexamination.
1.915 - Content of request for inter partes reexamination.
1.919 - Filing date of request for inter partes reexamination.
1.923 - Examiner’s determination on the request for inter partes reexamination.
1.925 - Partial refund if request for inter partes reexamination is not ordered.
1.927 - Petition to review refusal to order inter partes reexamination.
1.931 - Order for inter partes reexamination.
1.933 - Patent owner duty of disclosure in inter partes reexamination proceedings.
1.935 - Initial Office action usually accompanies order for inter partes reexamination.
1.937 - Conduct of inter partes reexamination.
1.939 - Unauthorized papers in inter partes reexamination
1.941 - Amendments by patent owner in inter partes reexamination.
1.943 - Requirements of responses, written comments, and briefs in inter partes reexamination.
1.945 - Response to Office action by patent owner in inter partes reexamination.
1.947 - Comments by third party requester to patent owner’s response in inter partes reexamination.
1.948 - Limitations on submission of prior art by third party requester following the order for inter partes reexamination.
1.949 - Examiner’s Office action closing prosecution in inter partes reexamination.
1.951 - Options after Office action closing prosecution in inter partes reexamination.
1.953 - Examiner’s Right of Appeal Notice in inter partes reexamination.
1.955 - Interviews prohibited in inter partes reexamination proceedings.
1.956 - Patent owner extensions of time in inter partes reexamination.
1.957 - Failure to file a timely, appropriate or complete response or comment in inter partes reexamination.
1.958 - Petition to revive inter partes reexamination prosecution terminated for lack of patent owner response.
1.959 - Appeal in inter partes reexamination.
1.961 - 1.977 - [Reserved]
1.979 - Return of Jurisdiction from the Board of Patent Appeals and Interferences; termination of appeal proceedings.
1.981 - Reopening after a final decision of the Board of Patent Appeals and Interferences.
1.983 - Appeal to the United States Court of Appeals for the Federal Circuit in inter partes reexamination.
1.985 - Notification of prior or concurrent proceedings in inter partes reexamination.
1.987 - Suspension of inter partes reexamination proceeding due to litigation.
1.989 - Merger of concurrent reexamination proceedings.
1.991 - Merger of concurrent reissue application and inter partes reexamination proceeding.
1.993 - Suspension of concurrent interference and inter partes reexamination proceeding.
1.995 - Third party requester’s participation rights preserved in merged proceeding.
1.997 - Issuance and publication of inter partes reexamination certificate concludes inter partes reexamination proceeding.
3.1 - Definitions.
3.11 - Documents which will be recorded.
3.16 - Assignability of trademarks prior to filing an allegation of use.
3.21 - Identification of patents and patent applications.
3.24 - Requirements for documents and cover sheets relating to patents and patent applications.
3.25 - Recording requirements for trademark applications and registrations.
3.26 - English language requirement.
3.27 - Mailing address for submitting documents to be recorded.
3.28 - Requests for recording.
3.31 - Cover sheet content.
3.34 - Correction of cover sheet errors.
3.41 - Recording fees.
3.51 - Recording date.
3.54 - Effect of recording.
3.56 - Conditional assignments.
3.58 - Governmental registers.
3.61 - Domestic representative.
3.71 - Prosecution by assignee.
3.73 - Establishing right of assignee to take action.
3.81 - Issue of patent to assignee.
3.85 - Issue of registration to assignee.
4.1 - Complaints Regarding Invention Promoters.
4.2 - Definitions.
4.3 - Submitting Complaints.
4.4 - Invention Promoter Reply.
4.5 - Notice by Publication.
4.6 - Attorneys and Agents.
5.1 - Applications and correspondence involving national security.
5.2 - Secrecy order.
5.3 - Prosecution of application under secrecy orders; withholding patent.
5.4 - Petition for rescission of secrecy order.
5.5 - Permit to disclose or modification of secrecy order.
5.6 - [Reserved]
5.7 - [Reserved]
5.8 - [Reserved]
5.11 - License for filing in a foreign country an application on an invention made in the United States or for transmitting international application.
5.12 - Petition for license.
5.13 - Petition for license; no corresponding application.
5.14 - Petition for license; corresponding U.S. application.
5.15 - Scope of license.
5.16 - [Reserved]
5.17 - [Reserved]
5.18 - Arms, ammunition, and implements of war.
5.19 - Export of technical data.
5.20 - Export of technical data relating to sensitive nuclear technology.
5.25 - Petition for retroactive license.
5.31 - [Reserved]
5.32 - [Reserved]
5.33 - [Reserved]
Index - RULES RELATING TO PATENTS
10.1 - Definitions.
10.2 - [Reserved]
10.3 - [Reserved]
10.4 - [Reserved]
10.5 - [Reserved]
10.6 - [Reserved]
10.7 - [Reserved]
10.8 - [Reserved]
10.9 - [Reserved]
10.10 - [Reserved]
10.11 - Removing names from the register.
10.12 - 10.19 - [Reserved]
10.20 - Canons and Disciplinary Rules.
10.21 - Canon 1.
10.22 - Maintaining integrity and competence of the legal profession.
10.23 - Misconduct.
10.24 - Disclosure of information to authorities.
10.25 - 10.29 - [Reserved]
10.30 - Canon 2.
10.31 - Communications concerning a practitioner’s services.
10.32 - Advertising.
10.33 - Direct contact with prospective clients.
10.34 - Communication of fields of practice.
10.35 - Firm names and letterheads.
10.36 - Fees for legal services.
10.37 - Division of fees among practitioners.
10.38 - Agreements restricting the practice of a practitioner.
10.39 - Acceptance of employment.
10.40 - Withdrawal from employment.
10.41 - 10.45 - [Reserved]
10.46 - Canon 3.
10.47 - Aiding unauthorized practice of law.
10.48 - Sharing legal fees.
10.49 - Forming a partnership with a non-practitioner.
10.50 - 10.55 - [Reserved]
10.56 - Canon 4.
10.57 - Preservation of confidences and secrets of a client.
10.58 - 10.60 - [Reserved]
10.61 - Canon 5.
10.62 - Refusing employment when the interest of the practitioner may impair the practitioner’s independent professional judgment.
10.63 - Withdrawal when the practitioner becomes a witness.
10.64 - Avoiding acquisition of interest in litigation or proceeding before the Office.
10.65 - Limiting business relations with a client.
10.66 - Refusing to accept or continue employment if the interests of another client may impair the independent professional judgment of the practitioner.
10.67 - Settling similar claims of clients.
10.68 - Avoiding influence by others than the client.
10.69 - 10.75 - [Reserved]
10.76 - Canon 6.
10.77 - Failing to act competently.
10.78 - Limiting liability to client.
10.79 - 10.82 - [Reserved]
10.83 - Canon 7.
10.84 - Representing a client zealously.
10.85 - Representing a client within the bounds of the law.
10.86 - [Reserved]
10.87 - Communicating with one of adverse interest.
10.88 - Threatening criminal prosecution.
10.89 - Conduct in proceedings.
10.90 - 10.91 - [Reserved]
10.92 - Contact with witnesses.
10.93 - Contact with officials.
10.94 - 10.99 - [Reserved]
10.100 - Canon 8.
10.101 - Action as a public official.
10.102 - Statements concerning officials.
10.103 - Practitioner candidate for judicial office.
10.104 - 10.109 - [Reserved]
10.110 - Canon 9.
10.111 - Avoiding even the appearance of impropriety.
10.112 - Preserving identity of funds and property of client.
10.113 - 10.170 - [Reserved]
11.1 - Definitions.
11.2 - Director of the Office of Enrollment and Discipline.
11.3 - Suspension of rules.
11.4 - [Reserved]
11.5 - Register of attorneys and agents in patent matters; practice before the office.
11.6 - Registration of attorneys and agents.
11.7 - Requirements for registration.
11.8 - Oath and registration fee.
11.9 - Limited recognition in patent matters.
11.10 - Restrictions on practice in patent matters.
11.11 - Administrative suspension, inactivation, resignation, and readmission.
11.12 - 11.13 - [Reserved]
11.14 - Individuals who may practice before the Office in trademarks and other non-patent matters.
11.15 - Refusal to recognize a practitioner.
11.16 - 11.17 - [Reserved]
11.18 - Signature and certificate for correspondence filed in the Office.
11.19 - Disciplinary jurisdiction; Jurisdiction to transfer to disability inactive status.
11.20 - Disciplinary sanctions; Transfer to disability inactive status.
11.21 - Warnings.
11.22 - Investigations.
11.23 - Committee on Discipline.
11.24 - Reciprocal discipline.
11.25 - Interim suspension and discipline based upon conviction of committing a serious crime.
11.26 - Settlement.
11.27 - Exclusion on consent.
11.28 - Incapacitated practitioners in a disciplinary proceeding.
11.29 - Reciprocal transfer or initial transfer to disability inactive status.
11.30 - 11.31 - [Reserved]
11.32 - Instituting a disciplinary proceeding.
11.33 - [Reserved]
11.34 - Complaint.
11.35 - Service of complaint.
11.36 - Answer to complaint.
11.37 - [Reserved]
11.38 - Contested case.
11.39 - Hearing officer; appointment; responsibilities; review of interlocutory orders; stays.
11.40 - Representative for OED Director or respondent.
11.41 - Filing of papers.
11.42 - Service of papers.
11.43 - Motions.
11.44 - Hearings.
11.45 - Amendment of pleadings.
11.46 - 11.48 - [Reserved]
11.49 - Burden of proof.
11.50 - Evidence.
11.51 - Depositions.
11.52 - Discovery.
11.53 - Proposed findings and conclusions; post-hearing memorandum.
11.54 - Initial decision of hearing officer.
11.55 - Appeal to the USPTO Director.
11.56 - Decision of the USPTO Director.
11.57 - Review of final decision of the USPTO Director.
11.58 - Duties of disciplined or resigned practitioner, or practitioner on disability inactive status.
11.59 - Dissemination of disciplinary and other information.
11.60 - Petition for reinstatement.
11.61 - Savings clause.
11.62 -11.99 - [Reserved]
Index - RULES RELATING TO REPRESENTATION OF OTHERS BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE
41.1 - Policy.
41.2 - Definitions.
41.3 - Petitions.
41.4 - Timeliness.
41.5 - Counsel.
41.6 - Public availability of Board records.
41.7 - Management of the record.
41.8 - Mandatory notices.
41.9 - Action by owner.
41.10 - Correspondence addresses.
41.11 - Ex parte communications in inter partes proceedings.
41.12 - Citation of authority.
41.20 - Fees.
41.30 - Definitions.
41.31 - Appeal to Board.
41.33 - Amendments and affidavits or other Evidence after appeal.
41.35 - Jurisdiction over appeal.
41.37 - Appeal brief.
41.39 - Examiner’s answer.
41.40 - Tolling of time period to file a reply brief.
41.41 - Reply brief.
41.43 - [Removed]
41.47 - Oral hearing.
41.50 - Decisions and other actions by the Board.
41.52 - Rehearing.
41.54 - Action following decision.
41.60 - Definitions.
41.61 - Notice of appeal and cross appeal to Board.
41.63 - Amendments and affidavits or other evidence after appeal.
41.64 - Jurisdiction over appeal in inter partes reexamination.
41.66 - Time for filing briefs.
41.67 - Appellant’s brief.
41.68 - Respondent’s brief.
41.69 - Examiner’s answer.
41.71 - Rebuttal brief.
41.73 - Oral hearing.
41.77 - Decisions and other actions by the Board.
41.79 - Rehearing.
41.81 - Action following decision.
41.100 - Definitions.
41.101 - Notice of proceeding.
41.102 - Completion of examination.
41.103 - Jurisdiction over involved files.
41.104 - Conduct of contested cases.
41.106 - Filing and service.
41.108 - Lead counsel.
41.109 - Access to and copies of Office records.
41.110 - Filing claim information.
41.120 - Notice of basis for relief.
41.121 - Motions.
41.122 - Oppositions and replies.
41.123 - Default filing times.
41.124 - Oral argument.
41.125 - Decision on motions.
41.126 - Arbitration.
41.127 - Judgment.
41.128 - Sanctions.
41.150 - Discovery.
41.151 - Admissibility.
41.152 - Applicability of the Federal Rules of Evidence.
41.153 - Records of the Office.
41.154 - Form of evidence.
41.155 - Objection; motion to exclude; motion in limine.
41.156 - Compelling testimony and production.
41.157 - Taking testimony.
41.158 - Expert testimony; tests and data.
41.200 - Procedure; pendency.
41.201 - Definitions.
41.202 - Suggesting an interference.
41.203 - Declaration.
41.204 - Notice of basis for relief.
41.205 - Settlement agreements.
41.206 - Common interests in the invention.
41.207 - Presumptions.
41.208 - Content of substantive and responsive motions.
102.1 - General.
102.2 - Public reference facilities.
102.3 - Records under FOIA.
102.4 - Requirements for making requests.
102.5 - Responsibility for responding to requests.
102.6 - Time limits and expedited processing.
102.7 - Responses to requests.
102.9 - Business Information.
102.10 - Appeals from initial determinations or untimely delays.
102.11 - Fees.
102.21 - Purpose and scope.
102.22 - Definitions.
102.23 - Procedures for making inquiries.
102.24 - Procedures for making requests for records.
102.25 - Disclosure of requested records to individuals.
102.26 - Special procedures: Medical records.
102.27 - Procedures for making requests for correction or amendment.
102.28 - Review of requests for correction or amendment.
102.29 - Appeal of initial adverse determination on correction or amendment.
102.30 - Disclosure of record to person other than the individual to whom it pertains.
102.31 - Fees.
102.32 - Penalties.
102.33 - General exemptions.
102.34 - Specific exemptions.
104.1 - Definitions.
104.2 - Address for mail and service; telephone number.
104.3 - Waiver of rules.
104.4 - Relationship of this Part to the Federal Rules of Civil or Criminal Procedure.
104.11 - Scope and purpose.
104.12 - Acceptance of service of process.
104.21 - Scope and purpose.
104.22 - Demand for testimony or production of documents.
104.23 - Expert or opinion testimony.
104.24 - Demands or requests in legal proceedings for records protected by confidentiality statutes.
104.31 - Scope.
104.32 - Procedure for requesting indemnification.
104.41 - Procedure for filing claims.
104.42 - Finality of settlement or denial of claims.
150.1 - Definitions.
150.2 - Initiation of evaluation.
150.3 - Submission of requests.
150.4 - Evaluation.
150.5 - Duration of proclamation.
150.6 - Mailing address.
T - Patent Cooperation Treaty
Article 1 - Establishment of a Union
Article 2 - Definitions
Article 3 - The International Application
Article 4 - The Request
Article 5 - The Description
Article 6 - The Claims
Article 7 - The Drawings
Article 8 - Claiming Priority
Article 9 - The Applicant
Article 10 - The Receiving Office
Article 11 - Filing Date and Effects of the International Application
Article 12 - Transmittal of the International Application to the International Bureau and the International Searching Authority
Article 13 - Availability of Copy of the International Application to the Designated Offices
Article 14 - Certain Defects in the International Application
Article 15 - The International Search
Article 16 - The International Searching Authority
Article 17 - Procedure Before the International Searching Authority
Article 18 - The International Search Report
Article 19 - Amendment of the Claims Before the International Bureau
Article 20 - Communication to Designated Offices
Article 21 - International Publication
Article 22 - Copy, Translation, and Fee to Designated Offices
Article 23 - Delaying of National Procedure
Article 24 - Possible Loss of Effect in Designated States
Article 25 - Review by Designated Offices
Article 26 - Opportunity to Correct Before Designated Offices
Article 27 - National Requirements
Article 28 - Amendment of the Claims, the Description, and the Drawings, Before Designated Offices
Article 29 - Effects of the International Publication
Article 30 - Confidential Nature of the International Application
Article 31 - Demand for International Preliminary Examination
Article 32 - The International Preliminary Examining Authority
Article 33 - The International Preliminary Examination
Article 34 - Procedure Before the International Preliminary Examining Authority
Article 35 - The International Preliminary Examination Report
Article 36 - Transmittal, Translation, and Communication of the International Preliminary Examination Report
Article 37 - Withdrawal of Demand or Election
Article 38 - Confidential Nature of the International Preliminary Examination
Article 39 - Copy, Translation, and Fee, to Elected Offices
Article 40 - Delaying of National Examination and Other Processing
Article 41 - Amendment of the Claims, the Description, and the Drawings, before Elected Offices
Article 42 - Results of National Examination in Elected Offices
Article 43 - Seeking Certain Kinds of Protection
Article 44 - Seeking Two Kinds of Protection
Article 45 - Regional Patent Treaties
Article 46 - Incorrect Translation of the International Application
Article 47 - Time Limits
Article 48 - Delay in Meeting Certain Time Limits
Article 49 - Right to Practice Before International Authorities
Article 50 - Patent Information Service
Article 51 - Technical Assistance
Article 52 - Relations with Other Provisions of the Treaty
Article 53 - Assembly
Article 54 - Executive Committee
Article 55 - International Bureau
Article 56 - Committee for Technical Cooperation
Article 57 - Finances
Article 58 - Regulations
Article 59 - Disputes
Article 60 - Revision of the Treaty
Article 61 - Amendment of Certain Provisions of the Treaty
Article 62 - Becoming Party to the Treaty
Article 63 - Entry into Force of the Treaty
Article 64 - Reservations
Article 65 - Gradual Application
Article 66 - Denunciation
Article 67 - Signature and Languages
Article 68 - Depositary Functions
Article 69 - Notifications
Rule 1 - Abbreviated Expressions
Rule 2 - Interpretation of Certain Words
Rule 3 - The Request (Form)
Rule 4 - The Request (Contents)
Rule 5 - The Description
Rule 6 - The Claims
Rule 7 - The Drawings
Rule 8 - The Abstract
Rule 9 - Expressions, Etc., Not To Be Used
Rule 10 - Terminology and Signs
Rule 11 - Physical Requirements of the International Application
Rule 12 - Language of the International Application and Translation for the Purposes of International Search and International Publication
Rule 12bis - Copy of Results of Earlier Search and of Earlier Application; Translation
Rule 13 - Unity of Invention
Rule 13bis - Inventions Relating to Biological Material
Rule 13ter - Nucleotide and/or Amino Acid Sequence Listings
Rule 14 - The Transmittal Fee
Rule 15 - The International Filing Fee
Rule 16 - The Search Fee
Rule 16bis - Extension of Time Limits for Payment of Fees
Rule 17 - The Priority Document
Rule 18 - The Applicant
Rule 19 - The Competent Receiving Office
Rule 20 - International Filing Date
Rule 21 - Preparation of Copies
Rule 22 - Transmittal of the Record Copy and Translation
Rule 23 - Transmittal of the Search Copy, Translation and Sequence Listing
Rule 24 - Receipt of the Record Copy by the International Bureau
Rule 25 - Receipt of the Search Copy by the International Searching Authority
Rule 26 - Checking by, and Correcting Before, the Receiving Office of Certain Elements of the International Application
Rule 26bis - Correction or Addition of Priority Claim
Rule 26ter - Correction or Addition of Declarations Under Rule 4.17
Rule 27 - Lack of Payment of Fees
Rule 28 - Defects Noted by the International Bureau
Rule 29 - International Applications Considered Withdrawn
Rule 30 - Time Limit Under Article 14(4)
Rule 31 - Copies Required Under Article 13
Rule 32 - Extension of Effects of International Application to Certain Successor States
32.2 - Effects of Extension to Successor State
Rule 32bis - [Deleted]
Rule 33 - Relevant Prior Art for the International Search
Rule 34 - Minimum Documentation
Rule 35 - The Competent International Searching Authority
Rule 36 - Minimum Requirements for International Searching Authorities
Rule 37 - Missing or Defective Title
Rule 38 - Missing or Defective Abstract
Rule 39 - Subject Matter Under Article 17(2)(a)(i)
Rule 40 - Lack of Unity of Invention (International Search)
Rule 41 - Taking into Account Results of Earlier Search
Rule 42 - Time Limit for International Search
Rule 43 - The International Search Report
Rule 43bis - Written Opinion of the International Searching Authority
Rule 44 - Transmittal of the International Search Report, Written Opinion, Etc.
Rule 44bis - International Preliminary Report on Patentability by the International Searching Authority
Rule 44ter - Confidential Nature of Written Opinion, Report, Translation and Observations
Rule 45 - Translation of the International Search Report
Rule 46 - Amendment of Claims Before the International Bureau
Rule 47 - Communication to Designated Offices
Rule 48 - International Publication
Rule 49 - Copy, Translation and Fee Under Article 22
Rule 49bis - Indications as to Protection Sought for Purposes of National Processing
Rule 49ter - Effect of Restoration of Right of Priority by Receiving Office; Restoration of Right of Priority By Designated Office
Rule 50 - Faculty Under Article 22(3)
Rule 51 - Review by Designated Offices
Rule 51bis - Certain National Requirements Allowed Under Article 27
Rule 52 - Amendment of the Claims, the Description, and the Drawings, Before Designated Offices
Rule 53 - The Demand
Rule 54 - The Applicant Entitled to Make a Demand
Rule 54bis - Time Limit for Making a Demand
Rule 55 - Languages (International Preliminary Examination)
Rule 56 - [Deleted]
Rule 57 - The Handling Fee
Rule 58 - The Preliminary Examination Fee
Rule 58bis - Extension of Time Limits for Payment of Fees
Rule 59 - The Competent International Preliminary Examining Authority
Rule 60 - Certain Defects in the Demand
Rule 61 - Notification of the Demand and Elections
Rule 62 - Copy of the Written Opinion by the International Searching Authority and of Amendments Under Article 19 for the International Preliminary Examining Authority
Rule 62bis - Translation for the International Preliminary Examining Authority of the Written Opinion of the International Searching Authority
Rule 63 - Minimum Requirements for International Preliminary Examining Authorities
Rule 64 - Prior Art for International Preliminary Examination
Rule 65 - Inventive Step or Non-Obviousness
Rule 66 - Procedure Before the International Preliminary Examining Authority
Rule 67 - Subject Matter Under Article 34(4)(a)(i)
Rule 68 - Lack of Unity of Invention (International Preliminary Examination)
Rule 69 - Start of and Time Limit for International Preliminary Examination
Rule 70 - International Preliminary Report on Patentability by the International Preliminary Examining Authority (International Preliminary Examination Report)
Rule 71 - Transmittal of the International Preliminary Examination Report
Rule 72 - Translation of the International Preliminary Examination Report and of the Written Opinion of the International Searching Authority
Rule 73 - Communication of the International Preliminary Examination Report or the Written Opinion of the International Searching Authority
Rule 74 - Translations of Annexes of the International Preliminary Examination Report and Transmittal Thereof
Rule 75 - [Deleted]
Rule 76 - Translation of Priority Document; Application of Certain Rules to Procedures Before Elected Offices
Rule 77 - Faculty Under Article 39(1)(b)
Rule 78 - Amendment of the Claims, the Description, and the Drawings, Before Elected Offices
Rule 79 - Calendar
Rule 80 - Computation of Time Limits
Rule 81 - Modification of Time Limits Fixed in the Treaty
Rule 82 - Irregularities in the Mail Service
Rule 82bis - Excuse by the Designated or Elected State of Delays in Meeting Certain Time Limits
Rule 82ter - Rectification of Errors Made by the Receiving Office or by the International Bureau
Rule 83 - Right to Practice Before International Authorities
Rule 84 - Expenses of Delegations
Rule 85 - Absence of Quorum in the Assembly
Rule 86 - The Gazette
Rule 87 - Communication of Publications
Rule 88 - Amendment of the Regulations
Rule 89 - Administrative Instructions
Rule 89bis - Filing, Processing and Communication of International Applications and Other Documents in Electronic Form or by Electronic Means
Rule 89ter - Copies in Electronic Form of Documents Filed on Paper
Rule 90 - Agents and Common Representatives
Rule 90bis - Withdrawals
Rule 91 - Rectification or Obvious Mistakes in the International Application and Other Documents
Rule 92 - Correspondence
Rule 92bis - Recording of Changes in Certain Indications in the Request or the Demand
Rule 93 - Keeping of Records and Files
Rule 93bis - Manner of Communication of Documents
Rule 94 - Access to Files
Rule 95 - Availability of Translations
Rule 96 - The Schedule of Fees
Index - PCT INDEX
AI - Administrative Instructions Under the PCT
Section 101 - Abbreviated Expressions and Interpretation
Section 102 - Use of the Forms
Section 102bis - Filing of PCT-EASY Request Together with PCT-EASY Physical Medium Containing Request Data and Abstract
Section 103 - Languages of the Forms Used by International Authorities
Section 104 - Language of Correspondence in Cases Not Covered by Rule 92.2
Section 105 - Identification of International Application with Two or More Applicants
Section 106 - Change of Common Representative
Section 107 - Identification of International Authorities and of Designated and Elected Offices
Section 108 - Correspondence Intended for the Applicant
Section 109 - File Reference
Section 110 - Dates
Section 111 - [Deleted]
Section 112 - Ceasing of Effect under Articles 24(1)(iii) and 39(2), Review under Article 25(2) and Maintaining of Effect under Articles 24(2) and 39(3)
Section 113 - Special Fees Payable to the International Bureau
Section 114 - [Deleted]
Section 115 - Indications of States, Territories and Intergovernmental Organizations
Section 201 - Language of the International Application
Section 202 - [Deleted]
Section 203 - Different Applicants for Different Designated States
Section 204 - Headings of the Parts of the Description
Section 205 - Numbering and Identification of Claims upon Amendment
Section 206 - Unity of Invention
Section 207 - Arrangement of Elements and Numbering of Sheets of the International Application
Section 208 - Sequence Listings
Section 209 - Indications as to Deposited Biological Material on a Separate Sheet
Section 210 - [Deleted]
Section 211 - Declaration as to the Identity of the Inventor
Section 212 - Declaration as to the Applicant’s Entitlement to Apply for and Be Granted a Patent
Section 213 - Declaration as to the Applicant’s Entitlement to Claim Priority of Earlier Application
Section 214 - Declaration of Inventorship
Section 215 - Declaration as to Non-Prejudicial Disclosures or Exceptions to Lack of Novelty
Section 216 - Notice of Correction or Addition of a Declaration under Rule 26ter
Section 301 - Notification of Receipt of Purported International Application
Section 302 - Priority Claim Considered Not to Have Been Made
Section 303 - Deletion of Additional Matter in the Request
Section 304 - Invitation to Pay Fees Before Date on Which They Are Due
Section 305 - Identifying the Copies of the International Application
Section 305bis - Preparation, Identification and Transmittal of the Copies of the Translation of the International Application
Section 305ter - Identification and Transmittal of the Translation of an Earlier Application Furnished under Rule 20.6(a)(iii)
Section 306 - Delayed Transmittal of Search Copy
Section 307 - System of Numbering International Applications
Section 308 - Marking of the Sheets of the International Application and of the Translation Thereof
Section 308bis - Marking of Later Submitted Sheets
Section 309 - Procedure in the Case of Later Submitted Sheets Furnished for the Purposes of Incorporation by Reference
Section 310 - Procedure in the Case of Later Submitted Sheets Not Furnished for the Purposes of Incorporation by Reference
Section 310bis - Procedure in the Case of Later Submitted Sheets Resulting in the Correction of the International Filing Date under Rule 20.5(c)
Section 310ter - Procedure in the Case of Later Submitted Sheets Furnished after the Expiration of the Applicable Time Limit Referred to in Rule 20.7
Section 311 - Renumbering in the Case of Deletion, Substitution or Addition of Sheets of the International Application and of the Translation Thereof
Section 312 - Notification of Decision Not to Issue Declaration that the International Application Is Considered Withdrawn
Section 313 - Documents Filed with the International Application; Manner of Marking the Necessary Annotations in the Check List
Section 314 - Correction or Addition of a Priority Claim Under Rule 26bis
Section 315 - [Deleted]
Section 316 - Procedure in the Case Where the International Application Lacks the Prescribed Signature
Section 317 - Transmittal of a Notice of Correction or Addition of a Declaration under Rule 26ter.1
Section 318 - Cancellation of Designations of Non-Contracting States
Section 319 - Procedure under Rule 4.9(b)
Section 320 - Invitation to Pay Fees under Rule 16bis.1(a)
Section 321 - Application of Moneys Received by the Receiving Office in Certain Cases
Section 322 - Invitation to Submit a Request for Refund of the Search Fee
Section 323 - Transmittal of Priority Documents to International Bureau
Section 324 - Copy of Notification of the International Application Number and the International Filing Date under Rule 20.2(c)
Section 325 - Corrections of Defects under Rule 26.4, Rectifications of Obvious Mistakes under Rule 91, and Corrections under Rule 9.2
Section 326 - Withdrawal by Applicant under Rule 90bis.1, 90bis.2 or 90bis.3
Section 327 - Ex Officio Correction of Request by the Receiving Office
Section 328 - Notifications Concerning Representation
Section 329 - Correction of Indications Concerning the Applicant’s Residence or Nationality
Section 330 - Transmittal of Record Copy Prevented or Delayed by National Security Prescriptions
Section 331 - Receipt of Confirmation Copy
Section 332 - Notification of Languages Accepted by the Receiving Office under Rules 12.1(a) and (c) and 12.4(a)
Section 333 - Transmittal of International Application to the International Bureau as Receiving Office
Section 334 - Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
Section 335 - Transmittal of PCT-EASY Request Data and Abstract
Section 336 - Waivers under Rules 90.4(d) and 90.5(c)
Section 337 - Transmittal of copy of results of earlier search
Section 401 - Marking of the Sheets of the Record Copy
Section 402 - Correction or Addition of a Priority Claim under Rule 26bis
Section 403 - Transmittal of Protest Against Payment of Additional Fees and Decision Thereon Where International Application Is Considered to Lack Unity of Invention
Section 404 - International Publication Number of International Application
Section 405 - Publication of Notifications of Languages Accepted by the receiving Office under Rules 12.1(a) and (c) and 12.4(a)
Section 406 - Publication of International Applications
Section 407 - The Gazette
Section 408 - Priority Application Number
Section 409 - Priority Claim Considered Not to Have Been Made
Section 410 - Numbering of Sheets for the Purposes of International Publication; Procedure in Case of Missing Sheets
Section 411 - Receipt of Priority Document
Section 411bis - Receipt of Translation of Earlier Application under Rule 20.6(a)(iii)
Section 412 - Notification of Lack of Transmittal of Search Copy
Section 413 - Incorporations by Reference under Rule 20, Corrections of Defects under Rule 26.4, Rectifications of Obvious Mistakes under Rule 91, and Corrections under Rule 9.2
Section 413bis - Rectifications of Obvious Mistakes under Rule 91
Section 414 - Notification to the International Preliminary Examining Authority Where the International Application is Considered Withdrawn
Section 415 - Notification of Withdrawal Under Rule 90bis.1, 90bis.2, 90bis.3 or 90bis.4
Section 416 - Correction of Request in Record Copy
Section 417 - Processing of Amendments Under Article 19
Section 418 - Notifications to Elected Offices Where the Demand Is Considered Not to Have Been Submitted or Made
Section 419 - Processing of a Declaration under Rule 26ter
Section 420 - Copy of International Application and International Search Report for the International Preliminary Examining Authority
Section 421 - Invitation to Furnish a Copy of the Priority Document
Section 422 - Notifications Concerning Changes Recorded Under Rule 92bis.1
Section 422bis - Objections Concerning Changes in the Person of the Applicant Recorded under Rule 92bis.1(a)
Section 423 - Cancellation of Designations and Elections
Section 424 - Procedure under Rule 4.9(b)
Section 425 - Notifications Concerning Representation
Section 426 - [Deleted]
Section 427 - [Deleted]
Section 428 - [Deleted]
Section 429 - [Deleted]
Section 430 - Notification of Designations under Rule 32
Section 431 - Publication of Notice of Submission of Demand
Section 432 - Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
Section 433 - Waivers under Rule 90.4(d)
Section 434 - Publication of Information Concerning Waivers under 90.4(d) and 90.5(c)
Section 435 - Communication of Publications and Documents
Section 501 - Corrections Submitted to the International Searching Authority Concerning Expressions, Etc., Not to Be Used in the International Application
Section 502 - Transmittal of Protest against Payment of Additional Fees and Decision Thereon Where International Application Is Considered to Lack Unity of Invention
Section 503 - Method of Identifying Documents Cited in the International Search Report and the Written Opinion of the International Searching Authority
Section 504 - Classification of the Subject Matter of the International Application
Section 505 - Indication of Citations of Particular Relevance in the International Search Report
Section 506 - [Deleted]
Section 507 - Manner of Indicating Certain Special Categories of Documents Cited in the International Search Report
Section 508 - Manner of Indicating the Claims to Which the Documents Cited in the International Search Report Are Relevant
Section 509 - International Search and Written Opinion of the International Searching Authority on the Basis of a Translation of the International Application
Section 510 - Refund of Search Fee in Case of Withdrawal of International Application
Section 511 - Rectifications of Obvious Errors under Rule 91
Section 512 - Notifications Concerning Representation
Section 513 - Sequence Listings
Section 514 - Authorized Officer
Section 515 - Amendment of Established Abstract in Response to Applicant’s Comments
Section 516 - Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
Section 517 - Waivers under Rule 90.4(d) and Rule 90.5(c)
Section 518 - Guidelines for Explanations Contained in the Written opinion of the International Searching Authority
Section 601 - Notification to Applicant of Submission of Demand after the Expiration of 19 Months from the Priority Date
Section 602 - Processing of Amendments by the International Preliminary Examining Authority
Section 603 - Transmittal of Protest against Payment of Additional Fees and Decision Thereon Where International Application Is Considered to Lack Unity of Invention
Section 604 - Guidelines for Explanations Contained in the International Preliminary Examination Report
Section 605 - File to Be Used for International Preliminary Examination
Section 606 - Cancellation of Elections
Section 607 - Rectifications of Obvious Mistakes under Rule 91
Section 608 - Notifications Concerning Representation
Section 609 - Withdrawal by Applicant under Rules 90bis. 1, 90bis. 2, or 90bis. 3
Section 610 - [Deleted]
Section 611 - Method of Identification of Documents in the International Preliminary Examination Report
Section 612 - Authorized Officer
Section 613 - Invitation to Submit a Request for Refund of Fees under Rule 57.6 or 58.3
Section 614 - Evidence of Right to File Demand
Section 615 - Invitation to Pay Fees before Date on Which They Are Due
Section 616 - International Preliminary Examination on the Basis of a Translation of the International Application
Section 617 - Waivers under Rule 90.4(d) and 90.5(c)
Section 701 - Abbreviated Expressions
Section 702 - Filing, Processing and Communication in Electronic Form of International Applications
Section 703 - Filing Requirements; Basic Common Standard
Section 704 - Receipt; International Filing Date; Signature; Physical Requirements
Section 705 - Home Copy, Record Copy and Search Copy Where International Application is Filed in Electronic Form
Section 705bis - Processing in Electronic Form of International Applications Filed on Paper; Home Copy, Record Copy and Search Copy
Section 706 - Documents in Pre-Conversion Format
Section 707 - Calculation of International Filing Fee and Fee Reduction
Section 708 - Special Provisions Concerning Legibility, Completeness, Infection by Viruses, Etc.
Section 709 - Means of Communication with the Receiving Office
Section 710 - Notification and Publication of Receiving Offices’ Requirements and Practices
Section 711 - Electronic Records Management
Section 712 - Access to Electronic Records
Section 713 - Application of Provisions to International Authorities and the International Bureau, and to Notifications, Communications, Correspondence and Other Documents
Section 714 - Furnishing by the International Bureau of Copies of Documents Kept in Electronic Form; Designated Offices’ Signature Requirements
Section 801 - Filing of International Applications Containing Sequence Listings and/or Tables
Section 802 - Format and Identification Requirements Relating to International Applications Containing Sequence Listings and/or Tables
Section 803 - Calculation of International Filing Fee for International Applications Containing Sequence Listings and/or Tables
Section 804 - Preparation, Identification and Transmittal of Copies of International Applications Containing Sequence Listings and/or Tables
Section 805 - Publication and Communication of International Applications Containing Sequence Listings and/or Tables; Copies; Priority Documents
Section 806 - Sequence Listings and/or Tables for Designated Office
Annex A - FORMS
Annex B - UNITY OF INVENTION
Annex C - STANDARD FOR THE PRESENTATION OF NUCLEOTIDE AND AMINO ACID SEQUENCE LISTINGS IN INTERNATIONAL PATENT APPLICATIONS UNDER THE PCT
Annex C-bis - TECHNICAL REQUIREMENTS FOR THE PRESENTATION OF TABLES RELATED TO NUCLEOTIDE AND AMINO ACID SEQUENCE LISTINGS IN INTERNATIONAL PATENT APPLICATIONS UNDER THE PCT
Annex D - INFORMATION FROM FRONT PAGE OF PUBLISHED INTERNATIONAL APPLICATION TO BE INCLUDED IN THE GAZETTE UNDER RULE 86.1(i)
Annex E - INFORMATION TO BE PUBLISHED IN THE GAZETTE UNDER RULE 86.1(v)
Annex F - STANDARD FOR THE FILING AND PROCESSING IN ELECTRONIC FORM OF INTERNATIONAL APPLICATIONS
P - Paris Convention
Article 1 - [Establishment of the Union; Scope of Industrial Property]
Article 2 - [National Treatment for Nationals of Countries of the Union]
Article 3 - [Same Treatment for Certain Categories of Persons as for Nationals of Countries of the Union]
Article 4 - [A. to I. Patents, Utility Models, Industrial Designs, Marks, Inventors Certificates; Right of Priority. — G. Patents: Division of the Application]
Article 4bis - [Patents: Independence of Patents Obtained for the Same Invention in Different Countries]
Article 4ter - [Patents: Mention of the Inventor in the Patent]
Article 4quater - [Patents: Patentability in Case of Restrictions of Sale by Law]
Article 5 - [A. Patents: Importation of Articles; Failure to Work or Insufficient Working; Compulsory Licenses. — B. Industrial Designs: Failure to Work; Importation of Articles. — C. Marks: Failure to Use; Different Forms; Use by Co-proprietors. — D. Patents, Utility Models, Marks, Industrial Designs: Marking]
Article 5bis - [All Industrial Property Rights: Period of Grace for the Payment of Fees for the Maintenance of Rights; Patents: Restoration]
Article 5ter - [Patents: Patented Devices Forming Part of Vessels, Aircraft, or Land Vehicles]
Article 5quater - [Patents: Importation of Products Manufactured by a Process Patented in the Importing Country]
Article 5quinquies - [Industrial Designs]
Article 6 - [Marks: Conditions of Registration; Independence of Protection of Same Mark in Different Countries]
Article 6bis - [Marks: Well Known Marks]
Article 6ter - [Marks: Prohibitions concerning State Emblems, Official Hallmarks, and Emblems of Intergovernmental Organizations]
Article 6quater - [Marks: Assignment of Marks]
Article 6quinquies - [Marks: Protection of Marks Registered in One Country of the Union in the Other Countries of the Union]
Article 6sexies - [Marks: Service Marks]
Article 6septies - [Marks: Registration in the Name of the Agent or Representative of the Proprietor Without the Latter's Authorization]
Article 7 - [Marks: Nature of the Goods to which the Mark is Applied]
Article 7bis - [Marks: Collective Marks]
Article 8 - [Trade Names]
Article 9 - [Marks, Trade Names: Seizure, on Importation, etc., of Goods Unlawfully Bearing a Mark or Trade Name]
Article 10 - [False Indications: Seizure, on Importation, etc., of Goods Bearing False Indications as to their Source or the Identity of the Producer]
Article 10bis - [Unfair Competition]
Article 10ter - [Marks, Trade Names, False Indications, Unfair Competition: Remedies, Right to Sue]
Article 11 - [Inventions, Utility Models, Industrial Designs, Marks: Temporary Protection at Certain International Exhibitions]
Article 12 - [Special National Industrial Property Services]
Article 13 - [Assembly of the Union]
Article 14 - [Executive Committee]
Article 15 - [International Bureau]
Article 16 - [Finances]
Article 17 - [Amendment of Articles 13 to 17]
Article 18 - [Revision of Articles 1 to 12 and 18 to 30]
Article 19 - [Special Agreements]
Article 20 - [Ratification or Accession by Countries of the Union; Entry Into Force]
Article 21 - [Accession by Countries Outside the Union; Entry Into Force]
Article 22 - [Consequences of Ratification or Accession]
Article 23 - [Accession to Earlier Acts]
Article 24 - [Territories]
Article 25 - [Implementation of the Convention on the Domestic Level]
Article 26 - [Denunciation]
Article 27 - [Application of Earlier Acts]
Article 28 - [Disputes]
Article 29 - [Signature, Languages, Depositary Functions]
Article 30 - [Transitional Provisions]
MPEP - Subject Matter Index
A - Subject Matter Index
B - Subject Matter Index
C - Subject Matter Index
D - Subject Matter Index
E - Subject Matter Index
F - Subject Matter Index
G - Subject Matter Index
H - Subject Matter Index
I - Subject Matter Index
J - Subject Matter Index
K - Subject Matter Index
L - Subject Matter Index
M - Subject Matter Index
N - Subject Matter Index
O - Subject Matter Index
P - Subject Matter Index
Q - Subject Matter Index
R - Subject Matter Index
S - Subject Matter Index
T - Subject Matter Index
U - Subject Matter Index
V - Subject Matter Index
W - Subject Matter Index
X - Subject Matter Index
Y - Subject Matter Index
Z - Subject Matter Index
Form-Paragraph - Book
Form-Paragraph-Chapter-200 - Types, Cross-Noting, and Status of Application
fp2.01 - Definition of Division
fp2.03 - Affidavits or Declarations in Prior Application
fp2.05 - Possible Status as Continuation
fp2.06 - Possible Status as Continuation-in-Part
fp2.07 - Definition of a Substitute
fp2.08 - Definition of a Refile
fp2.09 - Heading for Conditions for Benefit Claims Under 35 U.S.C. 119(e), 120, 121, or 365(c)
fp2.10 - Disclosure of Prior-Filed Application Does Not Provide Support for Claimed Subject Matter
fp2.10.01 - Continuation or Divisional Application Contains New Matter Relative to the Prior-Filed Application
fp2.11 - Application Must Be Copending With Parent
fp2.11.01 - Application Must Be Filed Within 12 Months From the Provisional Application
fp2.13 - Correction of Inventorship Under 37 CFR 1.48(a), Insufficient
fp2.13.01 - Correction of Inventorship Under 37 CFR 1.48(b), Insufficient
fp2.13.02 - Correction of Inventorship Under 37 CFR 1.48(c), Insufficient
fp2.13a - Statement of Facts Problem (for Use Following FP 2.13, If Applicable)
fp2.13b - No New Oath or Declaration (for Use Following FP 2.13 or 2.13.02, If Applicable)
fp2.13c - Required Fee Not Submitted (for Use Following FP 2.13, 2.13.01 or 2.13.02, If Applicable)
fp2.13d - Written Consent Missing (for Use Following FP 2.13 or 2.13.02, If Applicable)
fp2.13e - 37 CFR 3.73(b) Submission (for Use Following FP 2.13 or 2.13.02, If Applicable)
fp2.13f - Hostile Inventor(s)/Inventorship Overlap (for Use Following FP 2.13, If Applicable)
fp2.13g - Statement Under 37 CFR 1.48(b)(2) Problem (for Use Following FP 2.13.01, If Applicable)
fp2.13h - Statement of Facts, Added Inventor (for Use Following FP 2.13.02, If Applicable)
fp2.14 - Correction of Inventorship Under 37 CFR 1.48(a) or (c), Sufficient
fp2.14.01 - Correction of Inventorship Under 37 CFR 1.48(b), Sufficient
fp2.15 - Reference to Prior Application, 35 U.S.C. 119(e) or 120 Benefit
fp2.16 - Reference to a Prior Application
fp2.18 - Right of Priority Under 35 U.S.C. 119(a)-(d) and (f)
fp2.19 - Overcome Rejection by Translation
fp2.20 - Priority Papers in Parent or Related (Reissue Situation) - Application
fp2.21 - Oath, Declaration, or Application Data Sheet Does Not Contain Reference to Foreign Filing
fp2.21.01 - 35 U.S.C. 119(a)-(d) or (f) or 365(a) Foreign Priority Claim is Untimely
fp2.22 - Certified Copy Filed, But No Claim Made
fp2.23 - Foreign Filing More Than 12 Months Earlier
fp2.24 - Claimed Foreign Priority Date Not the Earliest Date
fp2.25 - Claimed Foreign Priority, No Papers Filed
fp2.26 - Claimed Foreign Priority - Papers Filed
fp2.27 - Acknowledge Foreign Priority Paper in Parent
fp2.30 - CPA Status Acceptable (for Design Applications)
fp2.31 - CPA Status Not Acceptable - Request Not on Separate Paper (for Design Applications)
fp2.32 - Request To Delete a Named Inventor
fp2.33 - New Inventor Identified
fp2.34 - Reference in CPA to Prior Application (by Amendment to the Specification)
fp2.35 - CPA Status Acceptable - Conditional Request (for Design Applications)
fp2.38 - Claiming Benefit to a Non-English Language Provisional Application
fp2.39 - 35 U.S.C. 119(e), 120, 121 or 365(c) Benefit Claim is Untimely
fp2.40 - Prior-Filed Application Not Entitled to a Filing Date or Basic Filing Fee Was Not Paid
Form-Paragraph-Chapter-400 - Representative of Inventor or Owner
fp4.01 - Dual Correspondence
fp4.02 - Death of Patent Practitioner, Notice Received from Patent Practitioner’s Office
fp4.03 - Death of Patent Practitioner, Notice from Other Source
fp4.04 - Death of Patent Practitioner, Application Is Ready for Allowance
fp4.06 - Attorney/Agent Suspended (Sole Practitioner, Sole Inventor)
fp4.07 - Attorney/Agent Suspended (Sole Practitioner, Joint Inventors)
fp4.08 - Attorney/Agent Suspended (Plural Practitioners)
fp4.09 - Unregistered Attorney or Agent
fp4.10 - Employ Services of Attorney or Agent
Form-Paragraph-Chapter-500 - Receipt and Handling of Mail and Papers
fp5.01 - Proper Heading for Incoming Papers
fp5.01.01 - Separate Paper Required
fp5.02 - Format of Certificate of Mailing or Transmission
fp5.03 - Reassignment Affecting Application Location
fp5.04 - Benefit of Certificate of Mailing Denied
fp5.05 - Small Entity Status
Form-Paragraph-Chapter-600 - Parts, Form, and Content of Application
fp6.01 - Arrangement of the Sections of the Specification in a Utility Application
fp6.02 - Content of Specification
fp6.02.01 - Non-Initialed and/or Non-Dated Alterations in Application Papers
fp6.03 - Oath, Declaration Cannot Be Amended
fp6.05 - Oath or Declaration Defective, Heading
fp6.05.01 - Improper Execution
fp6.05.02 - Residence Omitted
fp6.05.03 - Citizenship Omitted
fp6.05.05 - “Reviewed and Understands” Statement Omitted
fp6.05.06 - Original and First Omitted
fp6.05.07 - Duty To Disclose Not Properly Acknowledged
fp6.05.08 - Identification of Foreign Applications Omitted
fp6.05.11 - Notary Signature
fp6.05.12 - Notary Seal and Venue Omitted
fp6.05.13 - Authority of Foreign Officer Not Certified
fp6.05.14 - No Ribbon Properly Attached
fp6.05.15 - Not in Permanent Ink
fp6.05.16 - Non-Initialed/Non-Dated Alterations
fp6.05.17 - Declaration Clause Omitted
fp6.05.18 - Full Given Name Is Not Set Forth
fp6.05.19 - Mailing Address Omitted
fp6.05.20 - Specification Not Identified
fp6.06 - New Oath for Subject Matter Not Originally Claimed
fp6.07 - Lack of Venue
fp6.08 - Consul-Omission of Certificate
fp6.09.01 - Post Office Address Omitted, Residence Given
fp6.11 - Title of Invention Is Not Descriptive
fp6.11.01 - Title of Invention, Suggested Change
fp6.12 - Abstract Missing (Background)
fp6.13 - Abstract Objected To: Minor Informalities
fp6.14 - Abstract of the Disclosure: Content
fp6.15 - Abstract of the Disclosure: Chemical Cases
fp6.16 - Abstract of the Disclosure: Language
fp6.16.01 - Abstract of the Disclosure: Placement
fp6.17 - Numbering of Claims, 37 CFR 1.126
fp6.18 - Series of Singular Dependent Claims
fp6.18.01 - Claims: Placement
fp6.19 - Incorporation by Reference, Unpublished U.S. Application, Foreign Patent or Application, Publication
fp6.19.01 - Ineffective Incorporation by Reference, General
fp6.19.02 - Amendment Not in Compliance with 37 CFR 1.57(a)
fp6.19.03 - Correction of Ineffective Incorporation by Reference
fp6.20 - Trademarks and Their Use
fp6.21 - New Drawings, Competent Draftsperson
fp6.22 - Drawings Objected To
fp6.22.01 - Drawings Objected To, Details Not Shown
fp6.22.02 - Drawings Objected to, Different Numbers Refer to Same Part
fp6.22.03 - Drawings Objected to, Different Parts Referred to by Same Number
fp6.22.04 - Drawings Objected to, Incomplete
fp6.22.05 - Drawings Objected to, Modifications in Same Figure
fp6.22.06 - Drawings Objected to, Reference Numbers Not in Drawings
fp6.22.07 - Drawings Objected to, Reference Numbers Not in Specification
fp6.23 - Subject Matter Admits of Illustration
fp6.23.01 - Subject Matter Admits of Illustration (No Examination of Claims)
fp6.24.01 - Color Photographs and Color Drawings, Petition Required
fp6.26 - Informal Drawings Do Not Permit Examination
fp6.27 - Requirement for Marked-up Copy of Drawing Corrections
fp6.28 - Idiomatic English
fp6.28.01 - Substitute Specification Required by Examiner
fp6.28.02 - Substitute Specification Filed Under 37 CFR 1.125(b) and (c) Not Entered.
fp6.29 - Specification, Spacing of Lines
fp6.30 - Numerous Errors in Specification
fp6.31 - Lengthy Specification, Jumbo Application
fp6.32 - Application on Easily Erasable Paper or Erasable Ink
fp6.32.01 - Application Papers Must Be Legible
fp6.36 - Drawings Do Not Show Claimed Subject Matter
fp6.36.01 - Illustration of “Prior Art”
fp6.37 - Acknowledgment of Replacement Drawing Sheets
fp6.39 - USPTO No Longer Makes Drawing Changes
fp6.40 - Information on How To Effect Drawing Changes
fp6.41 - Reminder That USPTO No Longer Makes Drawing Changes
fp6.42 - Reminder That Applicant Must Make Drawing Changes
fp6.43 - Drawings Contain Informalities, Application Allowed
fp6.46 - Application Allowed, Substitute Declaration Needed
fp6.47 - Examiner’s Amendment Involving Drawing Changes
fp6.48 - Model, Exhibit, or Specimen - Applicant Must Make Arrangements for Return
fp6.49 - Information Disclosure Statement Not Considered
fp6.49.01 - Information Disclosure Statement Not Considered, After First Action, But Before the Prosecution of the Application Closes, No Statement
fp6.49.02 - Information Disclosure Statement Not Considered, After First Action, But Before the Prosecution of the Application Closes, No Fee
fp6.49.03 - Information Disclosure Statement Not Considered, After the Prosecution of the Application Closes, Issue Fee Not Paid, No Statement
fp6.49.05 - Information Disclosure Statement Not Considered, After the Prosecution of the Application Closes, Issue Fee Not Paid, No Fee
fp6.49.06 - Information Disclosure Statement Not Considered, References Listed in Specification
fp6.49.07 - Information Disclosure Statement Not Considered, No Copy of References
fp6.49.08 - Information Disclosure Statement Not Considered, Non-Compliant List of References
fp6.49.09 - Information Disclosure Statement Not Considered, No Explanation of Relevance of Non-English Language Information
fp6.49.10 - Information Disclosure Statement Not Considered, Non-acceptable Electronic Medium
fp6.51 - Time for Completing Information Disclosure Statement
fp6.52 - Information Disclosure Statement Filed After Prosecution Has Been Closed
fp6.53 - References Considered in 37 U.S.C. 371 Application Based Upon Search Report - Prior to Allowance
fp6.54 - References Considered in 37 U.S.C. 371 Application Based Upon Search Report - Ready for Allowance
fp6.55 - References Not Considered in 35 U.S.C. 371 Application Based Upon Search Report
fp6.56 - Notify Applicant of Office Treatment of a Third-Party Submission
fp6.60.01 - CD-ROM/CD-R Requirements (No Statement that CDs are Identical)
fp6.60.02 - CD-ROM/CD-R Requirements (No Listing in Transmittal Letter)
fp6.61.01 - Specification Lacking List of Compact Disc(s) and /or Associated Files
fp6.61.02 - Specification Lacking An Incorporation By Reference Statement for the Compact Disc
fp6.62 - Data File on CD-ROM/CD-R Not in ASCII File Format
fp6.63.01 - CD-ROM/CD-R Requirements (Table Listing in Specification)
fp6.63.02 - Table on CD-ROM/CD-R Column/Row Relationship Not Maintained
fp6.64.01 - Computer Program Listing Appendix on Compact Disc Requirement
fp6.64.02 - Computer Program Listing as Printout Within the Specification (More Than 60 Lines And Not More Than Three Hundred Lines)
fp6.64.03 - Computer Program Listing of More Than Three Hundred Lines
fp6.64.04 - “Microfiche Appendix” Unacceptable
fp6.70.01 - CD-ROM/CD-R Requirements (Amendment Does Not Include Statement that CDs are Identical)
fp6.70.02 - CD-ROM/CD-R Requirements (No Listing in Transmittal Letter Submitted With Amendment)
fp6.71.01 - Specification Lacking List of Compact Disc(s) and/or Associated Files (Amendment Filed With Compact Disc(s))
fp6.71.02 - Specification Lacking An Incorporation By Reference Statement for the Compact Disc (Amendment Filed With Compact Disc)
fp6.72.01 - CD-ROM/CD-R Requirements (CDs Not Identical)
fp6.72.02 - Data File, Submitted With Amendment, on CD-ROM/CD-R Not in ASCII File Format
fp6.72.03 - CD-ROM/CD-R Are Not Readable
fp6.72.04 - CD-ROM/CD-R Contains Viruses
fp6.72.05 - CD-ROM/CD-R Requirements (Missing Files On Amended Compact Disc)
Form-Paragraph-Chapter-700 - Examination of Applications
fp7.01 - Use of Unconventional Terminology, Cannot Be Examined
fp7.02 - Disclosure Is Incomprehensible
fp7.04 - Statement of Statutory Basis, 35 U.S.C. 101
fp7.04.01 - Human Organism
fp7.05 - Rejection, 35 U.S.C. 101, -Heading Only- (Utility, Non-Statutory, Inoperative)
fp7.05.01 - Rejection, 35 U.S.C. 101, Non-Statutory
fp7.05.011 - Rejection, 35 U.S.C. 101, Non-Statutory Method (Abstract Idea)
fp7.05.012 - Dependent Claim(s) - Rejection, 35 U.S.C. 101, Non-Statutory Method (Abstract Idea)
fp7.05.013 - Rejection, 35 U.S.C. 101, Non-Statutory Method (Law of Nature)
fp7.05.02 - Rejection, 35 U.S.C. 101, Utility Lacking
fp7.05.03 - Rejection, 35 U.S.C. 101, Inoperative
fp7.05.04 - Utility Rejections Under 35 U.S.C. 101 and 35 U.S.C. 112, First Paragraph
fp7.05.05 - Duplicate Claims, Warning
fp7.05.06 - Duplicate Claims, Objection
fp7.06 - Claim Limitation Relating to a Tax Strategy Deemed To Be Within the Prior Art under 35 U.S.C. 102 and/or 103
fp7.07 - Statement of Statutory Basis, 35 U.S.C. 102
fp7.08 - 102(a), Activity by Another Before Invention by Applicant
fp7.09 - 102(b), Activity More Than One Year Prior to Filing
fp7.10 - 102(c), Invention Abandoned
fp7.100 - Name And Number of Examiner To Be Contacted
fp7.101 - Telephone Inquiry Contacts- Non 5/4/9 Schedule
fp7.102 - Telephone Inquiry Contacts- 5/4/9 Schedule
fp7.103 - Statute Cited in Prior Action
fp7.104 - Requirement for Information, Public Use or Sale
fp7.105 - Requirement for Information, Heading
fp7.105.01 - Stipulations of Facts Known to Applicant
fp7.105.02 - Interrogatories of Facts Known to Applicant
fp7.106 - Domain of Search
fp7.107 - Level of Skill and Knowledge in the Art
fp7.108 - Background Description
fp7.109 - Products and Services Embodying Invention
fp7.11 - 102(d), Foreign Patenting
fp7.110 - Art Suggested as Relevant
fp7.111 - List of Keywords
fp7.112 - Citations for Electronically Searchable Databases or Other Indexed Collections
fp7.113 - Copy of Art Referred to in the Disclosure, But Not Submitted
fp7.114 - Copies of Publications Authored by Inventor(s)
fp7.115 - Art Relied Upon for Description of Prior Art
fp7.116 - Art Relied Upon for Development of Invention
fp7.117 - Art Relied Upon for Drafting Claimed Subject Matter
fp7.118 - Results of Applicant’s Prior Art Search
fp7.119 - Names of Products or Services Incorporating Claimed Invention
fp7.12 - Rejection under 35 U.S.C 102(e), Patent Application Publication or Patent to Another with Earlier Filing Date, in view of the American Inventors Protection Act of 1999 (AIPA) and the Intellectual Property and High Technology Technical Amendments Act of 2002
fp7.120 - Names of Products or Services Incorporating Disclosed Prior Art
fp7.12.01 - Rejection under 35 U.S.C. 102(e), Patent to Another with Earlier Filing Date, Reference is a U.S. Patent Issued Directly or Indirectly From a National Stage of, or a Continuing Application Claiming Benefit under 35 U.S.C. 365(c) to, an International Application Having an International Filing Date Prior to November 29, 2000
fp7.121 - Details of Improvement Over the Prior Art
fp7.122 - Submission of Only Pertinent Pages Where Document is Large
fp7.123 - Waiver of Fee and Statement Requirements for Certain Information Disclosures
fp7.124 - Contents of Good Faith Reply
fp7.125 - Conclusion of Requirement That Accompanies Office Action
fp7.126 - Conclusion Of Requirement Mailed Without Any Other Office Action
fp7.126.AE - Conclusion of Requirement Mailed Without Any Other Office Action – Application Under Accelerated Examination
fp7.127 - Conclusion of Office Action That Includes Requirement
fp7.13 - 102(f), Applicant Not the Inventor
fp7.14 - 102(g), Priority of Invention
fp7.147 - Supplemental Reply Not Approved for Entry
fp7.15 - Rejection, 35 U.S.C. 102(a), (b) Patent or Publication, and (g)
fp7.15.01 - Provisional Rejection, 35 U.S.C. 102(e) - Common Assignee or At Least One Common Inventor
fp7.15.02 - Rejection, 35 U.S.C. 102(e), Common Assignee or Inventor(s)
fp7.15.03 - Rejection, 35 U.S.C. 102(e), No Common Assignee or Inventor(s)
fp7.16 - Rejection, 35 U.S.C. 102(b), Public Use or on Sale
fp7.169 - Advisory Action, Proposed Rejection of Claims, Before Appeal Brief
fp7.17 - Rejection, 35 U.S.C. 102(c), Abandonment of Invention
fp7.18 - Rejection, 35 U.S.C. 102(d), Foreign Patenting
fp7.19 - Rejection, 35 U.S.C. 102(f), Applicant Not the Inventor
fp7.20 - Statement of Statutory Basis, 35 U.S.C. 103(a)
fp7.20.01 - 103(a) Rejection Using Prior Art Under 102(e), (f), or (g) That Is Not Disqualified Under 35 U.S.C. 103(c) Because Reference Is Prior Art Under Another Subsection of 35 U.S.C. 102
fp7.20.02 - Joint Inventors, Common Ownership Presumed
fp7.20.04 - 103(a) Rejection Using Prior Art Under 102(e), (f), or (g) That Is Attempted To Be Disqualified Under 35 U.S.C. 103(c) Using the Common Ownership or Assignment Provision
fp7.20.05 - 103(a) Rejection Using Prior Art Under 102(e), (f), or (g) That Is Attempted To Be Disqualified Under 35 U.S.C. 103(c) Using the Joint Research Agreement Provisions
fp7.204 - Petition Under 37 CFR 1.59(b) To Expunge Information: Decision Held in Abeyance
fp7.205 - Petition Under 37 CFR 1.59(b) To Expunge Information Granted
fp7.206 - Petition Under 37 CFR 1.59(b) To Expunge Information Dismissed
fp7.207 - Petition To Expunge, Conclusion, Lacks Fee
fp7.208 - Petition to Expunge, Conclusion, Material to Determination of Patentability
fp7.209 - Petition To Expunge, Conclusion, Information Made Public
fp7.21 - Rejection, 35 U.S.C. 103(a)
fp7.21.01 - Provisional Rejection, 35 U.S.C. 103(a), Common Assignee or at Least One Common Inventor
fp7.21.02 - Rejection, 35 U.S.C. 103(a), Common Assignee or at Least One Common Inventor
fp7.211 - Petition to Expunge, Conclusion, No Clear Statement That Information is Trade Secret, Proprietary, and/or Subject to Protective Order, or that Submission Was Unintentional
fp7.212 - Petition to Expunge, Conclusion, No Clear Identification of Information to be Expunged
fp7.213 - Petition to Expunge, Conclusion, No Statement That Petition Is Submitted By, or on Behalf of, Party in Interest Who Originally Submitted the Information
fp7.214 - Papers Not Returned, Pro Se
fp7.22 - Rejection, 35 U.S.C. 103(a), Further in View Of
fp7.23 - Graham v. Deere, Test for Obviousness
fp7.27 - Rejection, 35 U.S.C. 102 or 103(a)
fp7.28 - Objection to New Matter Added to Specification
fp7.29 - Disclosure Objected to, Minor Informalities
fp7.29.01 - Claims Objected to, Minor Informalities
fp7.29.02 - Claims Objected to, Reference Characters Not Enclosed Within Parentheses
fp7.29.03 - Claims Objected to, Spacing of Lines
fp7.29.04 - Disclosure Objected To, Embedded Hyperlinks or Other Forms of Browser-Executable Code
fp7.30.01 - Statement of Statutory Basis, 35 U.S.C. 112, First Paragraph
fp7.30.02 - Statement of Statutory Basis, 35 U.S.C. 112, Second Paragraph
fp7.31.01 - Rejection, 35 U.S.C. 112, 1st Paragraph, Description Requirement, Including New Matter Situations
fp7.31.02 - Rejection, 35 U.S.C. 112, 1st Paragraph, Enablement
fp7.31.03 - Rejection, 35 U.S.C. 112, 1st Paragraph: Scope of Enablement
fp7.31.04 - Rejection, 35 U.S.C. 112, 1st Paragraph: Best Mode Requirement
fp7.33.01 - Rejection, 35 U.S.C. 112, 1st Paragraph, Essential Subject Matter Missing From Claims (Enablement)
fp7.34 - Rejection, 35 U.S.C. 112, 2nd Paragraph, Failure To Claim Applicant’s Invention
fp7.34.01 - Rejection, 35 U.S.C. 112, 2nd Paragraph, Failure To Particularly Point out and Distinctly Claim (Indefinite)
fp7.34.02 - Terminology Used Inconsistent with Accepted Meaning
fp7.34.03 - Relative Term - Term of Degree Rendering Claim Indefinite
fp7.34.04 - Broader Range/Limitation And Narrow Range/Limitation in Same Claim
fp7.34.05 - Lack of Antecedent Basis in the Claims
fp7.34.06 - Use Claims
fp7.34.07 - Claims Are a Literal Translation
fp7.34.08 - Indefinite Claim Language: “For Example”
fp7.34.09 - Indefinite Claim Language: “Or The Like”
fp7.34.10 - Indefinite Claim Language: “Such As”
fp7.34.11 - Modifier of “Means” Lacks Function
fp7.34.12 - Essential Steps Omitted
fp7.34.13 - Essential Elements Omitted
fp7.34.14 - Essential Cooperative Relationships Omitted
fp7.34.15 - Rejection Under 35 U.S.C. 112, Pro Se
fp7.34.16 - Rejections Under 35 U.S.C. 112, Second Paragraph, Unclear Whether the Recited Structure, Material, or Acts in the Claim Preclude Application of 35 U.S.C. 112, Sixth Paragraph
fp7.34.17 - Rejections Under 35 U.S.C. 112, 2nd Paragraph, Unclear Whether Claim Limitation Is Invoking 35 U.S.C. 112, Sixth Paragraph, the Phrase “Means for” or “Step for” Is Not Used
fp7.34.18 - Rejections Under 35 U.S.C. 112, 2nd Paragraph, No Disclosure or Insufficient Disclosure of the Structure, Material, or Acts for Performing the Function Recited in a Claim Limitation Invoking 35 U.S.C. 112, Sixth Paragraph
fp7.34.19 - Rejections Under 35 U.S.C. 112, 2nd Paragraph, Fails To Clearly Link or Associate the Disclosed Structure, Material, or Acts to the Function Recited in a Claim Limitation Invoking 35 U.S.C. 112, Sixth Paragraph
fp7.34.20 - The Specification Is Objected To; the Written Description Only Implicitly or Inherently Discloses the Structure, Material, or Acts for Performing the Function Recited in a Claim Limitation Invoking 35 U.S.C. 112, Sixth Paragraph
fp7.34.21 - Claim Limitation Interpreted under 35 U.S.C. 112, Sixth Paragraph
fp7.35 - Rejection, 35 U.S.C. 112, 2nd Paragraph, Failure To Particularly Point Out And Distinctly Claim - Omnibus Claim
fp7.35.01 - Trademark or Trade Name as a Limitation in the Claim
fp7.36 - Statement of Statutory Basis, 35 U.S.C. 112, Fourth Paragraph
fp7.36.01 - Rejection under 35 U.S.C. 112, 4th Paragraph, Improper Dependent Claim
fp7.37 - Arguments Are Not Persuasive
fp7.37.01 - Unpersuasive Argument: Age of Reference(s)
fp7.37.02 - Unpersuasive Argument: Bodily Incorporation
fp7.37.03 - Unpersuasive Argument: Hindsight Reasoning
fp7.37.04 - Unpersuasive Argument: No Teaching, Suggestion, or Motivation To Combine
fp7.37.05 - Unpersuasive Argument: Nonanalogous Art
fp7.37.06 - Unpersuasive Argument: Number of References
fp7.37.07 - Unpersuasive Argument: Applicant Obtains Result Not Contemplated by Prior Art
fp7.37.08 - Unpersuasive Argument: Arguing Limitations Which Are Not Claimed
fp7.37.09 - Unpersuasive Argument: Intended Use
fp7.37.10 - Unpersuasive Argument: Limitation(s) in Preamble
fp7.37.11 - Unpersuasive Argument: General Allegation of Patentability
fp7.37.12 - Unpersuasive Argument: Novelty Not Clearly Pointed Out
fp7.37.13 - Unpersuasive Argument: Arguing Against References Individually
fp7.38 - Arguments Are Moot Because of New Ground(s) of Rejection
fp7.38.01 - Arguments Persuasive, Previous Rejection/Objection Withdrawn
fp7.38.02 - Arguments Persuasive, New Ground(s) of Rejection
fp7.39 - Action Is Final
fp7.39.01 - Final Rejection, Options for Applicant, Pro Se
fp7.40 - Action Is Final, Necessitated by Amendment
fp7.40.01 - Action Is Final, Necessitated by IDS With Fee
fp7.40.02 - Action Is Final, Necessitated by Invoking the Joint Research Agreement Prior Art Exclusion Under 35 U.S.C. 103(c)
fp7.41 - Action Is Final, First Action
fp7.41.01 - Transitional After Final Practice, First Submission (37 CFR 1.129(a))
fp7.41.02 - Transitional After Final Practice, Second Submission (37 CFR 1.129(a))
fp7.41.03 - Action Is Final, First Action Following Submission Under 37 CFR 1.53(d), Continued Prosecution Application (CPA)
fp7.42 - Withdrawal of Finality of Last Office Action
fp7.42.01 - Withdrawal of Finality of Last Office Action - Transitional Application Under 37 CFR 1.129(a)
fp7.42.02 - Nonresponsive Submission Filed Under 37 CFR 1.129(a)
fp7.42.03 - Action Is Final, First Action Following Submission Under 37 CFR 1.129(a) Filed Prior to June 8, 2005
fp7.42.031 - Action Is Final, Action Following Submission Under 37 CFR 1.129(a) Filed On or After June 8, 2005
fp7.42.04 - Continued Examination under 37 CFR 1.114 after Final Rejection
fp7.42.05 - Continued Examination Under 37 CFR 1.114 After Allowance or Quayle Action
fp7.42.06 - Continued Examination Under 37 CFR 1.114 After Appeal But Before A Board Decision
fp7.42.07 - Continued Examination under 37 CFR 1.114 after Board Decision but Before Further Appeal or Civil Action
fp7.42.08 - Request For Continued Examination With Submission Filed Under 37 CFR 1.114 Which is Not Fully Responsive
fp7.42.08.AE - Request for Continued Examination With Submission Filed Under 37 CFR 1.114 Which Is Not Fully Responsive - Application Under Accelerated Examination
fp7.42.09 - Action Is Final, First Action Following Request for Continued Examination under 37 CFR 1.114
fp7.42.10 - Application On Appeal, Request For Continued Examination Under 37 CFR 1.114 Without Submission/Fee; No Claims Allowed
fp7.42.11 - Application On Appeal, Request For Continued Examination Under 37 CFR 1.114 Without Submission; Claim Allowed
fp7.42.12 - Application on Appeal, Request for Continued Examination under 37 CFR 1.114 Without Submission; Claim Allowed with Formal Matters Outstanding
fp7.42.13 - Application on Appeal, Request for Continued Examination under 37 CFR 1.114 Without Fee; Claim Allowed
fp7.42.14 - Application on Appeal, Request for Continued Examination under 37 CFR 1.114 Without Fee; Claim Allowed With Formal Matters Outstanding
fp7.42.15 - Continued Prosecution Application Treated as Continued Examination under 37 CFR 1.114
fp7.42.16 - After Board Decision But Before Further Appeal Or Civil Action, Request for Continued Examination Under 37 CFR 1.114 Without Submission and/or Fee
fp7.43 - Objection to Claims, Allowable Subject Matter
fp7.43.01 - Allowable Subject Matter, Claims Rejected Under 35 U.S.C. 112, Second Paragraph, Independent Claim/Dependent Claim
fp7.43.02 - Allowable Subject Matter, Claims Rejected Under 35 U.S.C. 112, Second Paragraph, Dependent Claim
fp7.43.03 - Allowable Subject Matter, Formal Requirements Outstanding
fp7.43.04 - Suggestion of Allowable Drafted Claim(s), Pro Se
fp7.44 - Claimed Subject Matter Not in Specification
fp7.45 - Improper Multiple Dependent Claims
fp7.46 - Preliminary Amendment Unduly Interferes with the Preparation of an Office Action
fp7.48 - Failure To Present Claims for Interference
fp7.49 - Rejection, Disclaimer, Failure To Appeal
fp7.50 - Claims Previously Allowed, Now Rejected, New Art
fp7.51 - Quayle Action
fp7.51.AE - Quayle Action - Application Under Accelerated Examination
fp7.52 - Suspension of Action, Awaiting New Reference
fp7.53 - Suspension of Action, Possible Interference
fp7.54 - Suspension of Action, Applicant’s Request
fp7.54.01 - Request for Deferral of Examination under 37 CFR 1.103(d), Granted
fp7.54.02 - Request for Termination of a Suspension of Action, Granted
fp7.56 - Request for Suspension, Denied, Outstanding Office Action
fp7.56.01 - Request for Suspension of Action under 37 CFR 1.103, Denied
fp7.56.02 - Request for Deferral of Examination under 37 CFR 1.103(d), Denied
fp7.57 - Affidavit or Declaration Under 37 CFR 1.131: Ineffective- Heading
fp7.58 - Affidavit or Declaration Under 37 CFR 1.131: Ineffective, Claiming Same Invention
fp7.59 - Affidavit or Declaration Under 37 CFR 1.131: Ineffective, Insufficient Evidence of Reduction to Practice Before Reference Date
fp7.60 - Affidavit or Declaration Under 37 CFR 1.131: Ineffective, Reference Is a Statutory Bar
fp7.61 - Affidavit or Declaration Under 37 CFR 1.131: Ineffective, Insufficient Evidence of Conception
fp7.62 - Affidavit or Declaration Under 37 CFR 1.131: Ineffective, Diligence Lacking
fp7.63 - Affidavit or Declaration Under 37 CFR 1.131: Ineffective, Insufficient Evidence of Actual Reduction to Practice
fp7.64 - Affidavit or Declaration Under 37 CFR 1.131: Effective To Overcome Reference
fp7.65 - Affidavit or Declaration Under 37 CFR 1.132: Effective To Withdraw Rejection
fp7.66 - Affidavit or Declaration Under 37 CFR 1.132: Insufficient
fp7.66.01 - Reason Why Affidavit or Declaration Under 37 CFR 1.132 Is Insufficient: Affiant Has Never Seen Invention Before
fp7.66.02 - Reason Why Affidavit or Declaration Under 37 CFR 1.132 Is Insufficient: Invention Works as Intended
fp7.66.03 - Reason Why Affidavit or Declaration Under 37 CFR 1.132 Is Insufficient: Refers Only to Invention, Not to Claims
fp7.66.04 - Reason Why Affidavit or Declaration Under 37 CFR 1.132 Is Insufficient: No Evidence of Long-Felt Need
fp7.66.05 - Reason Why Affidavit or Declaration Under 37 CFR 1.132 Is Insufficient: Conclusion
fp7.70.AE - Use Of Proper Document and Fee Codes When Filing A Reply Electronically Via EFS-Web – Application Under Accelerated Examination
fp7.81 - Correction Letter Re Last Office Action
fp7.82 - Correction of Reference Citation
fp7.82.01 - Copy of Reference(s) Furnished
fp7.82.03 - How To Obtain Copies of U.S. Patents and U.S. Patent Application Publications
fp7.83 - Copy of Office Action Supplied
fp7.84 - Amendment Is Non-Responsive to Interview
fp7.84.01 - Paper Is Unsigned
fp7.84.01.AE - Paper Is Unsigned – Application Under Accelerated Examination
fp7.84.AE - Amendment Is Non-Responsive to Interview – Application Under Accelerated Examination
fp7.85 - Amendment Under 37 CFR 1.312 Entered
fp7.86 - Amendment Under 37 CFR 1. 312 Entered in Part
fp7.87 - Amendment Under 37 CFR 1.312 Not Entered
fp7.90 - Abandonment, Failure to Reply
fp7.91 - Reply Is Not Fully Responsive, Extension of Time Suggested
fp7.95 - Bona Fide, Non-Responsive Amendments
fp7.95.01 - Lack of Arguments in Response
fp7.95.AE - Bona Fide, Non-Responsive Amendments – Application Under Accelerated Examination
fp7.96 - Citation of Relevant Prior Art
fp7.97 - Claims Allowed
fp7.98 - Reply Is Late, Extension of Time Suggested
fp7.98.01 - Reply Is Late, Extension of Time Suggested, Pro Se
fp7.98.02 - Reply Is Late, Petition To Revive Suggested, Pro Se
Form-Paragraph-Chapter-800 - Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
fp8.01 - Election of Species; Species Claim(s) Present
fp8.02 - Requiring an Election of Species; No Species Claim Present
fp8.03 - In Condition for Allowance, Non-elected Claims Withdrawn with Traverse
fp8.04 - Election by Original Presentation
fp8.05 - Claims Stand Withdrawn With Traverse
fp8.06 - Claims Stand Withdrawn Without Traverse
fp8.07 - Ready for Allowance, Non-elected Claims Withdrawn Without Traverse
fp8.08 - Restriction, Two Groupings
fp8.09 - Restriction, 3rd Grouping
fp8.10 - Restriction, 4th Grouping
fp8.11 - Restriction, Additional Groupings
fp8.12 - Restriction, Linking Claims
fp8.13 - Distinctness (Heading)
fp8.14 - Intermediate-Final Product
fp8.14.01 - Distinct Products or Distinct Processes
fp8.15 - Combination-Subcombination
fp8.16 - Subcombinations, Usable Together
fp8.17 - Process and Apparatus
fp8.18 - Product and Process of Making
fp8.19 - Apparatus and Product Made
fp8.20 - Product and Process of Using
fp8.20.02 - Unrelated Inventions
fp8.20.03 - Unrelated Product and Process Inventions
fp8.21.01 - Conclusion to All Restriction Requirements: Different Classification
fp8.21.02 - Conclusion to All Restriction Requirements: Recognized Divergent Subject Matter
fp8.21.03 - Conclusion to All Restriction Requirements: Different Search
fp8.21.04 - Notice of Potential Rejoinder of Process Claims
fp8.22 - Requirement for Election and Means for Traversal
fp8.23 - Requirement, When Elected by Telephone
fp8.23.01 - Requirement, No Election by Telephone
fp8.23.02 - Joint Inventors, Correction of Inventorship
fp8.24 - Reply to Final Must Include Cancellation of Claims Non-elected with Traverse
fp8.25 - Answer to Arguments With Traverse
fp8.25.01 - Election Without Traverse
fp8.25.02 - Election Without Traverse Based on Incomplete Reply
fp8.26 - Canceled Elected Claims, Non-Responsive
fp8.26.AE - Canceled Elected Claims, Non-Responsive – Application Under Accelerated Examination
fp8.27 - Different Inventors, Common Assignee, Same Invention
fp8.28 - Different Inventors, Common Assignee, Obvious Inventions, No Evidence of Common Ownership at Time of Invention
fp8.28.01 - Advisory Information Relating to Form Paragraph 8.28
fp8.29 - Conflicting Claims, Copending Applications
fp8.30 - 35 U.S.C. 101, Statutory Basis for Double Patenting “Heading” Only
fp8.31 - Rejection, 35 U.S.C. 101, Double Patenting
fp8.32 - Provisional Rejection, 35 U.S.C. 101, Double Patenting
fp8.33 - Basis for Nonstatutory Double Patenting, “Heading” Only
fp8.34 - Rejection, Obviousness Type Double Patenting - No Secondary Reference(s)
fp8.35 - Provisional Rejection, Obviousness Type Double Patenting - No Secondary Reference(s)
fp8.36 - Rejection, Obviousness Type Double Patenting - With Secondary Reference(s)
fp8.37 - Provisional Rejection, Obviousness Type Double Patenting - With Secondary Reference(s)
fp8.38 - Double Patenting - Nonstatutory (Based Solely on Improper Timewise Extension of Patent Rights) With a Patent
fp8.39 - Double Patenting - Nonstatutory (Based Solely on Improper Timewise Extension of Patent Rights) With Another Application
fp8.41 - Transitional Restriction or Election of Species Requirement To Be Mailed After June 8, 1995
fp8.42 - Allowable Product, Rejoinder of at Least One Process Claim, Less Than All Claims
fp8.43 - Allowable Product, Rejoinder of All Previously Withdrawn Process Claims
fp8.45 - Elected Invention Allowable, Rejoinder of All Previously Withdrawn Claims
fp8.46 - Elected Invention Allowable, Non-elected Claims Canceled, Other Issues Remain Outstanding
fp8.47 - Elected Invention Allowable, Non-elected Claims Canceled, Before Final Rejection, No Outstanding Issues Remaining
fp8.47.01 - Elected Invention Allowable, Non-elected Claims Canceled, After Final Rejection, No Outstanding Issues Remaining
fp8.49 - Elected Invention Allowable, Claims Stand Withdrawn as Not In Required Form
fp8.50 - Elected Invention Allowable, Some Claims No Longer Considered Withdrawn
Form-Paragraph-Chapter-1000 - Matters Decided by Various U.S. Patent and Trademark Office Officials
fp10.01 - Withdrawal From Issue, Fee Not Paid
fp10.13 - Petition Under 37 CFR 1.324, Granted
fp10.14 - Treatment of Request Under 37 CFR 1.48 Petition Under 37 CFR 1.324, Petition Granted
fp10.15 - Memorandum - Certificate of Correction (Inventorship)
fp10.16 - Petition Under 37 CFR 1.324, Dismissed
fp10.17 - Petition Under 37 CFR 1.324, Denied
fp10.18 - Waiver of Requirements of 37 CFR 1.324 Under 37 CFR 1.183, Dismissed
fp10.19 - Memorandum - Certificate of Correction (Cross-Reference to Other Reissues in Family)
fp10.20 - Petition or Request Dismissed, Proper Fee Not Submitted
Form-Paragraph-Chapter-1200 - Appeal
fp12.109.01 - Appeal Dismissed - Allowed Claims, Formal Matters Remaining
fp12.110 - Extension To File Brief - Granted
fp12.111 - Extension To File Brief - Denied
fp12.119 - Amendment After Board Decision, Entry Refused
fp12.119.01 - Examiner Sustained in Part - Requirement of Rewriting Dependent Claims (No Allowed Claim)
fp12.119.02 - Examiner Sustained in Part - Requirement of Rewriting Dependent Claims (At Least One Allowed Claim)
fp12.120 - Period For Seeking Court Review Has Lapsed
fp12.121 - Withdrawal of Appeal as to Some of the Claims on Appeal
fp12.149 - Examiner’s Answer Cover Sheet
fp12.150.01 - Real Party in Interest
fp12.150.04 - Related Appeals and Interferences
fp12.150.05 - Identification of the Related Appeals and Interferences
fp12.150.06 - No Related Appeals and Interferences Identified
fp12.151 - Status of Claims
fp12.151.01 - List of Rejected Claims That Are Pending
fp12.152 - Status of Amendments After Final
fp12.152.01 - No Comment on Appellant’s Statement of Status of Amendments
fp12.153 - Summary of Claimed Subject Matter
fp12.153.01 - No Comment on Appellant’s Statement of the Summary of Claimed Subject Matter
fp12.154 - Grounds of Rejection to be Reviewed on Appeal
fp12.154.01 - Examiner’s Statement of Grounds of Rejection
fp12.154.04 - New Grounds of Rejection - Heading
fp12.154.05 - Withdrawn Rejections
fp12.156 - Claims Appendix
fp12.156.01 - No Comment on Appellant’s Claims Appendix
fp12.157 - Evidence Relied Upon
fp12.157.01 - No Evidence Relied Upon
fp12.157.02 - Listing of Evidence Relied Upon
fp12.159 - Grounds of Rejection
fp12.161 - Response to Argument
fp12.162 - Related Proceeding(s) Appendix
fp12.162.01 - No Related Proceeding Identified
fp12.162.02 - Copies Related to Proceeding
fp12.163 - Request to Present Oral Arguments
fp12.179 - Conclusion to Examiner’s Answer, No New Grounds of Rejection
fp12.179.01 - Conclusion to Examiner’s Answer Raising New Grounds of Rejection
fp12.179.02 - Dismissal Following New Ground(s) of Rejection in Examiner’s Answer
fp12.181 - Acknowledgment of Reply Brief
fp12.182 - Reply Brief Not Considered
fp12.184 - Supplemental Examiner’s Answer -No option to Reopen Prosecution
fp12.185 - Supplemental Examiner’s Answer - On Remand FOR FURTHER CONSIDERATION OF A REJECTION
fp12.186 - Dismissal Following A Supplemental Examiner’s Answer Written in Response to a Remand for Further Consideration of a Rejection
fp12.187 - Reopening of Prosecution After Appeal Brief or Reply Brief
fp12.209 - Appeal Dismissed - Allowed Claims, Formal Matters Remaining
fp12.210 - Extension To File Brief - Granted
fp12.239 - Reopening of Prosecution After Appeal Brief
fp12.249 - Examiner’s Answer Cover Sheet
fp12.254 - Grounds of Rejection to be Reviewed on Appeal
fp12.254.01 - Statement of Grounds of Rejection, not modified
fp12.254.02 - Statement of Grounds of Rejection, modified
fp12.255 - Restatement of Rejection
fp12.256 - New Grounds of Rejection - Heading
fp12.257 - Withdrawn Rejections
fp12.261 - Response to Argument
fp12.279 - Conclusion to Examiner’s Answer, No New Grounds of Rejection
fp12.279.01 - Conclusion to Examiner’s Answer Raising New Grounds of Rejection
fp12.279.02 - Dismissal Following New Ground(s) of Rejection in Examiner’s Answer
fp12.279.03 - Request to Present Oral Arguments
fp12.285 - Supplemental Examiner’s Answer - On Remand FOR FURTHER CONSIDERATION OF A REJECTION
fp12.286 - Dismissal Following A Supplemental Examiner’s Answer Written in Response to a Remand for Further Consideration of a Rejection
fp12.291 - Examiner Sustained in Part - Requirement of Rewriting Dependent Claims (No Allowed Claim)
fp12.292 - Examiner Sustained in Part - Requirement of Rewriting Dependent Claims (At Least One Allowed Claim)
fp12.297 - Period For Seeking Court Review Has Lapsed
fp12.298 - Amendment After Board Decision, Entry Refused
Form-Paragraph-Chapter-1300 - Allowance and Issue
fp13.01 - Requirement for Rewritten Specification
fp13.02 - Formal Examiner’s Amendment
fp13.02.01 - Examiner’s Amendment Authorized
fp13.02.02 - Extension of Time and Examiner’s Amendment Authorized by Telephone
fp13.03 - Reasons for Allowance
fp13.03.01 - Reasons for Indication of Allowable Subject Matter
fp13.04 - Reopen Prosecution - After Notice of Allowance
fp13.05 - Reopen Prosecution - Vacate Notice of Allowance
fp13.06 - Extension of Time by Examiner’s Amendment
fp13.07 - Disclosure To Be Limited to Claimed Invention
fp13.08 - Disclosed Subject Matter Outside the Bounds of the Claims
fp13.09 - Information Disclosure Statement, Issue Fee Paid
fp13.10 - Amendment Filed After the Payment of Issue Fee, Not Entered
Form-Paragraph-Chapter-1400 - Correction of Patents
fp14.01 - Defective Reissue Oath/Declaration, 37 CFR 1.175(a)(1) - No Statement of Defect in the Patent
fp14.01.01 - Defective Reissue Oath/Declaration, 37 CFR 1.175(a)(1) - No Statement of a Specific Error
fp14.01.02 - Defective Reissue Oath/Declaration, 37 CFR 1.175(a)(1)-The Identified “Error” Is Not Appropriate Error
fp14.01.03 - Defective Reissue Oath/Declaration, 37 CFR 1.175(a)(1) - Multiple Identified “Errors” Not Appropriate Errors
fp14.01.04 - Defective Reissue Oath/Declaration, 37 CFR 1.175- Lack of Statement of “Without Any Deceptive Intention”
fp14.01.05 - Defective Reissue Oath/Declaration, 37 CFR 1.175 - General
fp14.05.02 - Supplemental Oath or Declaration Required Prior to Allowance
fp14.06 - Litigation-Related Reissue
fp14.07 - Action in Reissue Not Stayed or Suspended — Related Litigation Stayed
fp14.08 - Action in Reissue Not Stayed — Related Litigation Terminated
fp14.09 - Action in Reissue Not Stayed — Related Litigation Not Overlapping
fp14.10 - Action in Reissue Not Stayed — Applicant’s Request
fp14.11 - Action in Reissue Stayed - Related Litigation
fp14.11.01 - Reminder of Duties Imposed by 37 CFR 1.178(b) and 37 CFR 1.56
fp14.12 - Rejection, 35 U.S.C. 251, Broadened Claims After Two Years
fp14.13 - Rejection, 35 U.S.C. 251, Broadened Claims Filed by Assignee
fp14.14 - Rejection, Defective Reissue Oath or Declaration
fp14.15 - Consent of Assignee to Reissue Lacking
fp14.16 - Failure of Assignee To Establish Ownership
fp14.16.01 - Establishment of Ownership Not Signed by Appropriate Party
fp14.16.02 - Failure To State Capacity To Sign
fp14.16.03 - Lack of Capacity To Sign
fp14.16.04 - Attorney/Agent of Record Signs
fp14.16.06 - Criteria To Accept When Signed by a Non-Recognized Officer
fp14.17 - Rejection, 35 U.S.C. 251, Recapture
fp14.20.01 - Amendments To Reissue-37 CFR 1.173(b)
fp14.21.01 - Improper Amendment To Reissue - 37 CFR 1.173(b)
fp14.21.09 - Rejection, 35 U.S.C. 251, No Error Without Deceptive Intention - External Knowledge
fp14.22 - Rejection, 35 U.S.C. 251, No Error Without Deceptive Intention-Evidence in the Application
fp14.22.01 - Rejection, 35 U.S.C. 251, New Matter
fp14.23 - Terminal Disclaimer Proper
fp14.23.01 - Terminal Disclaimer Proper (Reexamination Only)
fp14.24 - Terminal Disclaimer Not Proper - Introductory Paragraph
fp14.25 - Terminal Disclaimer Not Proper - Introductory Paragraph (Reexamination Only)
fp14.26 - Does Not Comply With 37 CFR 1.321(b) and/or (c) “Sub-Heading” Only
fp14.26.01 - Extent of Interest Not Stated
fp14.26.02 - Directed to Particular Claim(s)
fp14.26.03 - Not Signed
fp14.26.04 - Application/Patent Not Identified
fp14.26.05 - Application/Patent Improperly Identified
fp14.26.06 - Not Signed by All Owners
fp14.26.07 - No Disclaimer Fee Submitted
fp14.27.01 - Lacks Clause of Enforceable Only During Period of Common Ownership
fp14.27.011 - Lacks 37 CFR 1.321(d) statement for joint research agreement under 35 U.S.C. 103(c)(2)&(3)
fp14.27.02 - Fails To Disclaim Terminal Portion of Any Patent Granted On Subject Application
fp14.27.03 - Fails To Disclaim Terminal Portion of Subject Patent
fp14.27.04 - Examples of Acceptable Terminal Disclaimer Language in Patent To Be Granted
fp14.27.06 - Examples of Acceptable Terminal Disclaimer Language in Patent (Reexamination Situation)
fp14.27.07 - Examples of Acceptable Terminal Disclaimer Language in Patent To Be Granted (activities undertaken within the scope of a joint research agreement)
fp14.27.08 - Examples of Acceptable Terminal Disclaimer Language in Patent (Reexamination Situation; activities undertaken within the scope of a joint research agreement)
fp14.28 - Failure To State Capacity To Sign
fp14.29 - Not Recognized as Officer of Assignee - “Sub-Heading” Only
fp14.29.01 - Attorney/Agent Not of Record
fp14.29.02 - Criteria To Accept Terminal Disclaimer When Signed by a Non-Recognized Officer
fp14.30 - No Evidence of Chain of Title to Assignee - Application
fp14.30.01 - No Evidence of Chain of Title to Assignee - Patent
fp14.30.02 - Evidence of Chain of Title to Assignee - Submission Not Signed by Appropriate Party - Terminal Disclaimer Is Thus Not Entered
fp14.32 - Application/Patent Which Forms Basis for Rejection Not Identified
fp14.33 - 37 CFR 3.73 - Establishing Right of Assignee To Take Action
fp14.34 - Requirement for Statement To Record Assignment Submitted With Terminal Disclaimer
fp14.35 - Disclaimer Fee Not Required Twice - Applicant
fp14.35.01 - Disclaimer Fee Not Required Twice - Patent Owner
fp14.36 - Suggestion That “Applicant” Request a Refund
fp14.36.01 - Suggestion That “Patent Owner” Request a Refund
fp14.37 - Samples of a Terminal Disclaimer Over a Pending Application and Assignee Statement Enclosed
fp14.38 - Samples of a Terminal Disclaimer Over a Prior Patent and Assignee Statement Enclosed
fp14.39 - Sample Assignee Statement Under 37 CFR 3.73(b) Enclosed
Form-Paragraph-Chapter-1500 - Design Patents
fp15.01 - Conditions Under 35 U.S.C. 119(a)-(d)
fp15.01.01 - Conditions Under 35 U.S.C. 172 Not Met
fp15.02 - Right of Priority Under 35 U.S.C. 119(b)
fp15.03 - Untimely Priority Papers
fp15.03.01 - Foreign Filing More Than 6 Months Before U.S. Filing
fp15.04 - Priority Under Bilateral or Multilateral Treaties
fp15.05 - Design Patent Specification Arrangement
fp15.05.01 - Title of Design Invention
fp15.05.03 - Drawing/Photograph Disclosure Objected To
fp15.05.04 - Replacement Drawing Sheets Required
fp15.05.041 - Informal Color Drawing(s)/Photograph(s) Submitted
fp15.05.05 - Drawing Correction Required Prior to Appeal
fp15.07 - Avoidance of New Matter
fp15.07.01 - Statutory Basis, 35 U.S.C. 171
fp15.08 - Lack of Ornamentality (Article Visible in End Use)
fp15.08.01 - Lack of Ornamentality (Article Not Visible in its Normal and Intended Use)
fp15.08.02 - Simulation (Entire Article)
fp15.08.03 - Explanation of evidence cited in support of simulation rejection
fp15.09 - 35 U.S.C. 171 Rejection
fp15.10 - Offensive Subject Matter
fp15.11 - 35 U.S.C. 102(a) Rejection
fp15.12 - 35 U.S.C. 102(b) Rejection
fp15.13 - 35 U.S.C. 102(c) Rejection
fp15.14 - 35 U.S.C. 102(d)/172 Rejection
fp15.15 - 35 U.S.C. 102(e) Rejection
fp15.15.01 - Explanation of rejection under 35 U.S.C. 102(a), (b), (d), or (e)
fp15.15.02 - Provisional 35 U.S.C. 102(e) rejection - design disclosed but not claimed in another application with common inventor and/or assignee
fp15.15.03 - Provisional 35 U.S.C. 102(e) rejection - design claimed in an earlier filed design patent application with common inventor and/or assignee
fp15.15.04 - 35 U.S.C. 102(e) rejection - design disclosed but not claimed in a patent
fp15.16 - 35 U.S.C. 102(f) Rejection
fp15.17 - 35 U.S.C. 102(g) Rejection
fp15.18 - 35 U.S.C. 103(a) Rejection (Single Reference)
fp15.19 - 35 U.S.C. 103(a) Rejection (Multiple References)
fp15.19.01 - Summary Statement of Rejections
fp15.19.02 - Preface 35 U.S.C. 102(e)/103(a) rejection - Different inventors, common assignee, obvious designs, no evidence of common ownership at time later design was made
fp15.19.03 - Provisional 35 U.S.C. 102(e)/103(a) rejection - design disclosed but not claimed in another application with common inventor and/or assignee
fp15.19.04 - Provisional 35 U.S.C. 102(e)/103(a) rejection - design claimed in an earlier filed design patent application with common inventor and/or assignee
fp15.19.05 - 35 U.S.C. 102(e)/103(a) rejection - design disclosed but not claimed
fp15.19.06 - 35 U.S.C. 102(e)/103(a) rejection - design claimed in a design patent with an earlier effective filing date and common assignee
fp15.19.07 - 35 U.S.C. 102(e)/103(a) rejection - design claimed in a design patent having an earlier effective filing date and no common assignee
fp15.20.02 - Suggestion To Overcome Rejection Under 35 U.S.C. 112, First and Second Paragraphs
fp15.21 - Rejection, 35 U.S.C. 112, First And Second Paragraphs
fp15.21.01 - Rejection, 35 U.S.C. 112 (Second Paragraph) (Information Requested)
fp15.22 - Rejection, 35 U.S.C. 112, 2nd Paragraph
fp15.22.02 - Rejection, 35 U.S.C. 112, 2nd Paragraph (“Or the Like” In Claim)
fp15.22.03 - Rejection, 35 U.S.C. 112, Second Paragraph (Title Fails to Specify a Known Article of Manufacture)
fp15.23 - 35 U.S.C. 171 Double Patenting Rejection (Design-Design)
fp15.23.01 - 35 U.S.C. 171 Provisional Double Patenting Rejection (Design-Design)
fp15.23.02 - Summary for “Same Invention” – Type Double Patenting Rejections
fp15.24 - Obviousness-type Double Patenting Rejection (Single Reference)
fp15.24.03 - Provisional Obviousness-Type Double Patenting Rejection (Single Reference)
fp15.24.04 - Provisional Obviousness-Type Double Patenting Rejection (Multiple References)
fp15.24.05 - Identical Claim: Common Assignee
fp15.24.06 - Basis for Nonstatutory Double Patenting, “Heading Only”
fp15.24.07 - Double Patenting Rejection (Design-Utility)
fp15.24.08 - Provisional Double Patenting Rejection (Design-Utility)
fp15.25 - Obviousness-Type Double Patenting Rejection (Multiple References)
fp15.26 - Identification of Prior Application(s) in Nonprovisional Applications - Benefit Claimed
fp15.27 - Restriction Under 35 U.S.C. 121
fp15.27.01 - Restriction Under 35 U.S.C. 121 (Obvious Variations Within Group)
fp15.27.02 - Restriction Not Required - Change In Appearance (First Action - Non Issue)
fp15.27.03 - Restriction Not Required - Change In Appearance (First Action Issue)
fp15.27.04 - Restriction Not Required – Change In Scope (First Action – Non Issue)
fp15.27.05 - Restriction Not Required – Change In Scope (First Action Issue)
fp15.27.06 - Restriction Not Required (Change in Appearance and Scope – First Action Non Issue)
fp15.27.07 - Restriction Not Required (Change in Appearance and Scope – First Action Issue)
fp15.27.08 - Restriction with Differences in Appearance and Scope
fp15.28 - Telephone Restriction Under 35 U.S.C. 121
fp15.28.01 - Telephone Restriction Under 35 U.S.C.121 (Obvious Variations Within Group)
fp15.28.02 - Telephone Restriction with Differences in Appearance and Scope
fp15.29 - Restriction Under 35 U.S.C. 121 (Segregable Parts or Combination/Subcombination)
fp15.30 - Telephone Restriction Under 35 U.S.C. 121 (Segregable Parts or Combination/Subcombination)
fp15.31 - Provisional Election Required (37 CFR 1.143)
fp15.33 - Qualifying Statement To Be Used In Restriction When A Common Embodiment Is Included In More Than One Group
fp15.34 - Groups Withdrawn From Consideration After Traverse
fp15.35 - Cancel Nonelected Design (Traverse)
fp15.36 - Groups Withdrawn From Consideration Without Traverse
fp15.37 - Cancellation of Nonelected Groups, No Traverse
fp15.38 - Rejection Maintained
fp15.39 - Obviousness Under 35 U.S.C. 103(a) Repeated
fp15.39.01 - 35 U.S.C. 103(a) Rejection Repeated (Multiple References)
fp15.39.02 - Final Rejection Under 35 U.S.C. 103(a) (Single Reference)
fp15.40 - Final Rejection Under 35 U.S.C. 103(a) (Multiple References)
fp15.40.01 - Final Rejection Under Other Statutory Provisions
fp15.41 - Functional, Structural Features Not Considered
fp15.42 - Visual Characteristics
fp15.43 - Subject Matter of Design Patent
fp15.44 - Design Inseparable From Article to Which Applied
fp15.45 - Color Photographs/Drawings As Informal Drawings
fp15.46.01 - Impermissible Descriptive Statement
fp15.47 - Characteristic Feature Statement
fp15.47.01 - Feature Statement Caution
fp15.48 - Necessity for Good Drawings
fp15.49 - Surface Shading Necessary
fp15.50 - Design Claimed Shown in Full Lines
fp15.50.01 - Use of Broken Lines in Drawing
fp15.50.02 - Description of Broken Lines
fp15.50.03 - Objectionable Use of Broken Lines In Drawings
fp15.50.04 - Proper Drawing Disclosure With Use of Broken Lines
fp15.50.05 - Description of Broken Lines as Boundary of Design
fp15.51 - 35 U.S.C. 112, First Paragraph Rejection (New Matter)
fp15.51.01 - Amendment to Disclosure Not Affecting Claim - 35 U.S.C. 132 Objection (New Matter)
fp15.55 - Design Patent-Copyright Overlap
fp15.55.01 - Design Patent - Trademark Overlap
fp15.58 - Claimed Design Is Patentable (Ex parte Quayle Actions)
fp15.58.01 - Claimed Design Is Patentable (35 U.S.C. 112 Rejections)
fp15.59 - Amend Title
fp15.60 - Amend All Figure Descriptions
fp15.61 - Amend Selected Figure Descriptions
fp15.62 - Amend Claim “As Shown”
fp15.63 - Amend Claim “As Shown and Described”
fp15.64 - Addition of “And Described” to Claim
fp15.65 - Amendment May Not Be Possible
fp15.66 - Employ Services of Patent Attorney or Agent (Design Application Only)
fp15.66.01 - Employ Services of Professional Patent Draftsperson (Design Application Only)
fp15.67 - Rationale for 35 U.S.C. 103(a) Rejection (Single Reference)
fp15.68 - Rationale for 35 U.S.C. 103(a) Rejection (Multiple References)
fp15.69.01 - Remove Indefinite Language (“Or The Like”) by Examiner’s Amendment
fp15.70 - Preface, 35 U.S.C. 103(a) Rejection
fp15.72 - Quayle Action
fp15.73 - Corrected Drawing Sheets Required
fp15.74 - Continuation-In-Part
fp15.75 - Preface to Rejection in Alleged CIP Based on 35 U.S.C. 102(d)/172
fp15.75.01 - C-I-P Caution, Claim to Foreign Priority in Earlier Filed Application
fp15.76 - Trademark in Drawing
fp15.85 - Undisclosed visible surface(s)/portion(s) of article not forming part of the claimed design
fp15.90 - Indication of allowability withdrawn
Form-Paragraph-Chapter-1600 - Plant Patents
fp16.01 - Specification, Manner of Asexually Reproducing
fp16.02 - Colors Specified Do Not Correspond With Those Shown
fp16.03 - Rejection, 35 U.S.C. 112, 1st Paragraph, Non-Support for Colors
fp16.04 - Rejection, 35 U.S.C. 102
fp16.05 - Name or Denomination for Plant Missing
fp16.05.01 - Latin Name of Genus and Species of the Plant Claimed Missing
fp16.06 - Drawings Must Be in Duplicate
fp16.07 - Drawing Figures Not Competently Executed
fp16.08 - Rejection, 35 U.S.C. 112
fp16.09 - Specification, Less Than Complete Description
fp16.10 - Specification, Location of Plant Not Disclosed
fp16.11 - Drawings in Improper Scale
fp16.12 - Report From U.S. Dept. of Agriculture
fp16.13 - Specimens Are Required
Form-Paragraph-Chapter-1800 - Patent Cooperation Treaty
fp18.01 - Lacks Novelty
fp18.02 - Lacks Inventive Step - One Reference
fp18.02.01 - Lacks Inventive Step - Two References
fp18.02.02 - Lacks Inventive Step - Additional Reference
fp18.03 - Lacks Industrial Applicability
fp18.04 - Meets Novelty and Inventive Step
fp18.04.01 - Meets Industrial Applicability
fp18.05 - Heading for Lack of Unity Action for PCT Applications During the International Phase (Including Species)
fp18.06 - Lack of Unity - Three Groups of Claims
fp18.06.01 - Lack of Unity - Two (or Additional) Groups of Claims
fp18.06.02 - Lack of Unity - One Additional Group of Claims
fp18.07 - Lack of Unity - Reasons Why Inventions Lack Unity
fp18.07.01 - Same or Corresponding Technical Feature Lacking Among Groups
fp18.07.02 - Shared Technical Feature Does Not Make a Contribution Over the Prior Art
fp18.07.03 - Heading – Chemical Compound Alternatives of Markush Group Are Not of a Similar Nature
fp18.07.03a - Alternatives Lack Common Property or Activity
fp18.07.03b - Alternatives Share a Common Structure - However, the Common Structure is Not a Significant Structural Element and the Alternatives Do Not Belong to a Recognized Class
fp18.07.03c - Alternatives Do Not Share a Common Structure or Belong to Recognized Class
fp18.08 - Drawing - Defect in Form or Contents Thereof
fp18.08.01 - Drawing Is Required
fp18.09 - Description - Defect in Form or Contents Thereof
fp18.10 - Claims - Defect in Form or Contents Thereof
fp18.11 - Drawing Objections - Lack Clarity
fp18.12.01 - Claims Objectionable - Inadequate Written Description
fp18.13.01 - Claims Objectionable - Non-Enabling Disclosure
fp18.14.01 - Claims Objectionable - Lack of Best Mode
fp18.15 - Claims Objectionable - Indefiniteness
fp18.18 - Heading for Lack of Unity Action in National Stage Applications Submitted Under 35 U.S.C. 371 (Including Species)
fp18.19 - Restriction Requirement in National Stage Applications Submitted Under 35 U.S.C. 371
fp18.20 - Election of Species in National Stage Applications Submitted Under 35 U.S.C. 371
fp18.21 - Election by Original Presentation in National Stage Applications Submitted Under 35 U.S.C. 371
fp18.22 - Requirement for Election and Means for Traversal in National Stage Applications Submitted Under 35 U.S.C. 371
Form-Paragraph-Chapter-1900 - Protest
fp19.01 - Period for Comments on Protest by Applicant
fp19.02 - Requirement for Information
fp19.02.AE - Requirement for Information – Application Under Accelerated Examination
Form-Paragraph-Chapter-2200 - Citation of Prior Art and Ex Parte Reexamination of Patents
fp22.01 - New Question of Patentability
fp22.01.01 - Criteria for Applying Old Art as Sole Basis for Reexamination
fp22.02 - No New Question of Patentability
fp22.03 - Issue Not Within Scope of Ex Parte Reexamination
fp22.04 - Papers To Be Submitted in Response to Action - Ex Parte Reexamination
fp22.04.01 - Extension of Time in Reexamination
fp22.05 - Reexamination (Ex Parte or Inter Partes) Based on Reissue Claims
fp22.06 - Examiner’s Amendment Accompanying Notice of Intent To Issue Ex Parte Reexamination Certificate
fp22.07 - Litigation Reminder (Patent Owner Request or Director Ordered Reexamination)
fp22.08 - Litigation Reminder (Third Party Requester)
fp22.09 - Ex Parte Reexamination - Action Is Final
fp22.10 - Ex Parte Reexamination - Action Is Final, Necessitated by Amendment
fp22.11 - Rejection, 35 U.S.C. 305, Claim Enlarges Scope of Patent - Ex Parte Reexamination
fp22.12 - Amendments Proposed in a Reexamination - 37 CFR 1.530(d)-(j)
fp22.13 - Improper Amendment in an Ex Parte Reexamination - 37 CFR 1.530(d)-(j)
fp22.14 - Submission Not Fully Responsive to Non-Final Office Action - Ex Parte Reexamination
fp22.15 - Lack of Service - 37 CFR 1.550(f)
fp22.16 - Reasons For Patentability and/or Confirmation
fp22.20 - Claims Held Invalid By Court, No Longer Being Reexamined
fp22.73 - Correspondence and Inquiry as to Office Actions
Form-Paragraph-Chapter-2300 - Interference Proceedings
fp23.01 - Request for Interference Premature; Examination Not Completed
fp23.02 - Ex Parte Prosecution Is Resumed
fp23.04 - Requiring Applicant to Add Claim to Provoke Interference
fp23.06 - Applicant Suggesting an Interference
fp23.06.01 - Failure to Identify the Other Application or Patent
fp23.06.02 - Failure to Identify the Counts and Corresponding Claims
fp23.06.03 - Failure to Provide Claim Chart Comparing At Least One Claim
fp23.06.04 - Failure to Explain in Detail Why Applicant Will Prevail on Priority
fp23.06.05 - Claim Added/Amended; Failure to Provide Claim Chart Showing Written Description
fp23.06.06 - Time Period for Reply
fp23.14 - Claims Not Copied Within One Year of Patent Issue Date
fp23.14.01 - Claims Not Copied Within One Year Of Application Publication Date
fp23.19 - Foreign Priority Not Substantiated
Form-Paragraph-Chapter-2400 - Biotechnology
fp24.01 - Cover Letter for Use With Notice To Comply With Sequence Rules
fp24.01.AE - Cover Letter for Use With Notice To Comply With Sequence Rules – Application Under Accelerated Examination
fp24.02 - Cover Letter for Use with CRF Diskette Problem Report
fp24.02.AE - Cover Letter for Use with CRF Diskette Problem Report – Application Under Accelerated Examination
fp24.03 - Compact Disc/CRF Submission Is Not Fully Responsive, Bona Fide Attempt
fp24.03.AE - Compact Disc/CRF Submission Is Not Fully Responsive, Bona Fide Attempt – Application Under Accelerated Examination
fp24.04 - Compact Disc/CRF Submission Is Not Fully Responsive
fp24.05 - CD-ROM/CD-R Requirements (Missing Sequence Listing/CRF Statement)
fp24.05.01 - CD-ROM/CD-R Requirements (Missing Sequence Listing/CRF Statement in an Amendment Filed with a CRF)
Form-Paragraph-Chapter-2600 - Optional Inter Partes Reexamination
fp26.01 - Reasonable likelihood established
fp26.02 - No reasonable likelihood established
fp26.03 - Issue Not Within Scope of Inter Partes Reexamination
fp26.03.01 - Rejection, 35 U.S.C. 314(a), Claim Enlarges Scope of Patent
fp26.04 - First Action Not Mailed With Order
fp26.05 - Papers To Be Submitted in Response to Action
fp26.05.01 - Improper Amendment in an Inter Partes Reexamination - 37 CFR 1.530(d)-(j)
fp26.06 - Submission Not Fully Responsive to Office Action
fp26.07 - Action Closing Prosecution
fp26.08 - Right of Appeal Notice
fp26.09 - Brief is Defective and/or is Not Complete
fp26.10 - Informal Appellant Brief-Period for Response Under 37 CFR 41.67(d)
fp26.11 - Informal Respondent Brief-Period for Response Under 37 CFR 41.68(c)
fp26.50 - Heading for Examiner’s Answer
fp26.50.01 - Real Party in Interest
fp26.50.02 - Acknowledgment of Identification of a Real Party in Interest in a Brief
fp26.50.03 - No Identification of a Real Party in Interest in the Briefs
fp26.50.04 - Related Appeals and Interferences
fp26.50.05 - Identification of the Related Appeals and Interferences
fp26.50.06 - No Related Appeals and Interferences Identified
fp26.51 - Status of Claims
fp26.51.01 - Agreement With Statement of Status of Claims
fp26.51.02 - Disagreement With Statement of Status of Claims Stated in Briefs
fp26.52 - Status of Amendments
fp26.52.01 - Agreement With Statement of the Status of Amendments After Action Closing Prosecution
fp26.52.02 - Disagreement With Statement of the Status of Amendments After Action Closing Prosecution Stated in Briefs
fp26.52.03 - Amendment After Action Closing Prosecution Entered
fp26.52.04 - Amendment After Action Closing Prosecution Not Entered
fp26.52.05 - No Amendment After Action Closing Prosecution
fp26.53 - Summary of Claimed Subject Matter
fp26.53.01 - Agreement With the Summary of Claimed Subject Matter in Brief(s)
fp26.53.02 - Disagreement With the Summary of Claimed Subject Matter in Brief(s)
fp26.54 - Grounds of Rejection to be Reviewed on Appeal
fp26.54.01 - Agreement With Statement of the Grounds of Rejection on Appeal
fp26.54.011 - Grounds of Rejection Not on Review
fp26.54.012 - Nonappealable Issue in Brief
fp26.54.02 - Disagreement With Statement of the Grounds of Rejection on Appeal
fp26.55 - Findings of Patentability to be Reviewed on Appeal
fp26.55.01 - Agreement With Statement of the Findings of Patentability on Appeal
fp26.55.011 - Findings of Patentability Not on Review
fp26.55.02 - Disagreement With Statement of the Findings of Patentability on Appeal
fp26.56 - Claims Appendix
fp26.56.01 - Copy of the Appealed Claims in the Appendix of Appellant Brief is Correct
fp26.56.02 - Copy of the Appealed Claims in the Appendix of Appellant Brief is Substantially Correct
fp26.56.03 - Copy of the Appealed Claims in the Appendix Contains Substantial Errors
fp26.57 - Evidence Relied Upon - Heading
fp26.57.01 - No Evidence Relied Upon in the Examiner’s Answer
fp26.57.02 - Listing of the Evidence Relied Upon by Examiner
fp26.57.03 - Listing of the Art of Record Relied Upon by Requester
fp26.59 - Grounds of Rejection
fp26.59.01 - Findings of Patentability
fp26.60 - No New Ground of Rejection; No New Finding of Patentability
fp26.61 - Response to Argument
fp26.61.01 - Related Proceeding(s) Appendix
fp26.61.02 - No Related Proceeding Identified
fp26.61.03 - Copies Related to Proceeding
fp26.62 - Notification Regarding Rebuttal Brief
fp26.63 - Request to Present Oral Arguments
fp26.64 - Examiner’s Answer, Conclusion
fp26.65 - Acknowledgment of Rebuttal Brief
fp26.65.01 - No Further Response
fp26.66 - Defective Rebuttal Brief-Opportunity to Correct
fp26.66.01 - Defective Amended Rebuttal Brief-No Opportunity to Correct
fp26.66.02 - Forward to the Board for Decision
fp26.67 - No Receipt of Rebuttal Brief(s)
fp26.67.01 - Periods for Seeking Court Review or Rehearing Have Lapsed
fp26.68 - Lack of Service in inter partes examination-37 CFR 1.903
fp26.69 - Examiner’s Amendment Accompanying Notice of Intent to Issue Reexamination Certificate
fp26.70 - Reasons for Patentability and/or Confirmation in Inter Partes Reexamination
fp26.73 - Correspondence and Inquiry as to Office Actions
fp26.80 - Claims Held Invalid by Court, No Longer Being Reexamined
901.06(b) Borrowed Publications
See
MPEP § 901.06(a)
, STIC Services - Interlibrary Loans.