1.294    Examination of request for publication of a statutory invention registration and patent application to which the request is directed.

    • (a) Any request for a statutory invention registration will be examined to determine if the requirements of § 1.293  have been met. The application to which the request is directed will be examined to determine (1) if the subject matter of the application is appropriate for publication, (2) if the requirements for publication are met, and (3) if the requirements of 35 U.S.C. 112  and § 1.293  of this part are met.
    • (b) Applicant will be notified of the results of the examination set forth in paragraph (a) of this section. If the requirements of § 1.293  and this section are not met by the request filed, the notification to applicant will set a period of time within which to comply with the requirements in order to avoid abandonment of the application. If the application does not meet the requirements of 35 U.S.C. 112, the notification to applicant will include a rejection under the appropriate provisions of 35 U.S.C. 112. The periods for reply established pursuant to this section are subject to the extension of time provisions of § 1.136. After reply by the applicant, the application will again be considered for publication of a statutory invention registration. If the requirements of § 1.293  and this section are not timely met, the refusal to publish will be made final. If the requirements of 35 U.S.C. 112  are not met, the rejection pursuant to 35 U.S.C. 112  will be made final.
    • (c) If the examination pursuant to this section results in approval of the request for a statutory invention registration the applicant will be notified of the intent to publish a statutory invention registration.

[50 FR 9382, Mar. 7, 1985, effective date May 8, 1985; para. (b) revised, 62 FR 53131, Oct. 10, 1997, effective Dec. 1, 1997]