Manual of Patent Examining Procedure - MPEP

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18 U.S.C. 2071 Concealment, removal, or mutilation generally. - Patent Laws

18 U.S.C. 2071 Concealment, removal, or mutilation generally.

(a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both.

(b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term "office" does not include the office held by any person as a retired officer of the Armed Forces of the United States.

(Amended Nov. 5, 1990, Public Law 101-510, sec. 552(a), 104 Stat. 1566; Sept. 13, 1994, Public Law 103-322, sec. 330016(1)(I), 108 Stat. 2147.)

INDEX OF PATENT LAWS

A

  • Abandoned applications, fee on petition to revive ...41(a)7,
  • Abandonment of application by failure to prosecute ...133, 371,
  • Abandonment of invention:
    • Bar to patent ...102,
    • By violation of secrecy ...182,
  • Adjustment of patent term ...154,
  • Administrative Patent Judges ...6,
  • Administrator, executor, or guardian ...117,
  • Affidavits and depositions in contested cases, rules for taking ...23,
  • Agreement to terminate interference ...135,
  • Agriculture, Secretary of, to furnish information, and detail employees to Director for plant patent ...164,
  • Allowance and issue of patents ...153,
  • Allowance, notice of ...151,
  • Amendment:
  • Annual indexes of patents ...10,
  • Annual report of the Director ...13,
  • Apostille on assignment ...261,
  • Appeals to Board of Patent Appeals and Interferences ...134,
  • Appeals to Court of Appeals for the Federal Circuit ...141,
    • Certificate of decision of Court recorded in the United States Patent and Trademark Office ...144,
    • Determination of Appeal; revision of decision ...144,
    • From Board of Patent Appeals and Interferences ...141,
    • Grounds of decision to be furnished court ...143,
    • Notice of appeal ...142,
    • Proceedings on appeal ...143,
  • Applicant for foreign patent, license required ...184,
  • Applicant for international application ...373,
  • Applicant, notified of interference ...135,
  • Application:
    • Abandonment of, by failure to prosecute ...133,
    • Assignment of ...261,
    • Confidential while pending ...122,
    • Continuing ...120,
    • Description; specification and claim ...112,
    • Divisional ...121,
    • Drawings ...113,
    • Effect of defective execution ...26,
    • Effective as of date of earliest foreign application in certain cases ...119,
    • Examination of invention ...131,
    • Fee on filing ...41(a)1, 111,
    • For deceased or insane inventors ...117,
    • May be made by legal representative of deceased or incapacitated inventor ...117,
    • Must be made within specified time after foreign application for right of priority ...119,
    • Oath of applicant (See Oath in patent application)
    • Owned by Government ...267,
    • Provisional ...111,
    • Publication ...102, 122, 181,
    • Reissue ...251,
    • Secrecy order ...181,
    • What to contain ...111,
    • When filed by other than inventor ...118, 121,
  • Appointments, how made ...3,
  • Arbitration of interferences ...135,
  • Arbitration, voluntary ...294,
  • Article patented marked with number of patent ...287,
  • Assignee:
  • May file application in certain cases ...118,
    • May file divisional application ...121,
    • May file reissue application ...251,
    • Patent may be issued to ...152,
  • Assignments, patent ...261,
  • Establishing prima facie execution of ...261,
    • Fees for recording ...41(a)10,
    • Must be recorded in United States Patent and Trademark Office to issue patent to assignee ...152,
    • Patent may issue to assignee ...152,
    • Recording in Patent and Trademark Office ...261,
  • Attorney fees in infringement suit ...285,
  • Attorneys and agents:
    • May be refused recognition for misconduct ...32,
    • Petition to District Court, DC ...32,
    • Suspension or exclusion from practice ...32,
    • Unauthorized practitioners ...33,

    B

  • Bars to grant of a patent ...102, 103,
  • Benefit of earlier filing date in foreign country ...119,
  • Benefit of earlier filing date in United States ...120,
  • Best mode required ...112,
  • Bill in equity (See Civil action)
  • Board of Patent Appeals and Interferences, how constituted ...6,

    C

  • Certificate of correction:
    • Applicant's mistake ...255,
    • Fee for applicant's mistake ...41(a)8,
    • Office mistake ...254,
  • Certified copies:
    • Fee for certification ...41(a)11,
    • Of drawings and specifications of patents issued ...9,
    • Of records, furnished to Court of Appeals for the Federal Circuit in appeals ...143,
  • Citation of prior art in patent ...301,
  • Citizenship required in oath ...115,
  • Civil action:
    • Election of in case of interference ...141,
    • Infringement ...291,
    • In case of interference ...146,
    • Jurisdiction, plurality of parties, foreign party ...146,
    • To obtain patent ...145,
  • Claim of patent:
    • Independent or dependent ...41, 112,
    • Independent or dependent, validity ...282,
    • Invalid, effect of ...253,
    • Invalid, suits on patent with ...288,
    • Notice of rejection ...132,
    • Too extensive or narrow, remedy ...251,
    • What to cover ...112,
  • Classification of patents ...8,
  • Clerk of United States Court may summon witness in
    • Interference cases ...24,
    • Must notify Director of patent suits ...290,
  • Commerce, Department of, United States Patent and Trademark Office in ...1,
  • Commerce, Secretary of:
    • Appointments by ...3,
  • Commissioner for Patents:
    • How appointed and duties ...3,
    • Member of Board ...6,
  • Commonly owned invention and reference subject matter ...103,
  • Compensation, right to because of secrecy order ...183,
  • Composition of matter:
    • Patentable ...101,
    • Specimens of ingredients may be required ...114,
  • Concealment of records ...18 U.S.C. 2071,
  • Confidential status of application ...122, 205,
  • Continuing application ...120,
  • Contributory infringement ...271,
  • Copies of records, fees ...41,
  • Correction of inventors in patent ...256,
  • Correction of letters patent ...254, 255,

    D

  • Damages for infringement ...284,
  • Day of taking any action or paying any fee falling on Saturday, Sunday, or holiday ...21,
  • Death or incapacity of inventor ...117,
  • Decisions in patent cases, printing of ...10,
  • Declaration in lieu of oath ...25,
  • Dedication of term ...253,
  • Defective execution of documents, effect of ...26,
  • Defenses in action for infringement ...282,
  • Definitions ...100, 351,
  • Deposit with United States Postal Service ...21,
  • Depositions, Director may establish rules for ...23,
  • Deputy Commissioner ...6,
    • Member of Board ...6,
  • Description of invention ...112,
  • Design patents:
    • Double recovery, not allowed ...289,
    • Fees ...41(a)3,
    • For what granted ...171,
    • Liability for infringement of ...289,
    • Penalty for unauthorized use of patented design ...289,
    • Prior foreign applications ...172,
    • Right of priority ...172,
    • Subject to same provisions as other patents ...171,
    • Term of ...173,
    • Unauthorized use of ...289,
  • Designated office ...363, 366, 367, 371, 372,
  • Determination of patent term adjustment ...154,
  • Director:
    • Annual report to Congress ...13,
    • Consult with Patent Public Advisory Committee ...3,
    • Duties of ...6,
    • How appointed ...3,
    • Intellectual Property Policy Issues, advises President, Federal Departments ...2,
    • May disbar attorneys ...32,
    • May establish charges ...41,
    • May make rules for taking affidavits and depositions ...23,
    • Member of Board ...6,
    • Reexamination order ...304,
    • Shall cause examination to be made ...131,
    • To establish regulations ...3,
    • To furnish court with grounds of decision, on appeal ...143,
    • To prescribe rules and regulations governing recognition of attorneys and agents ...2,
    • To sign patents or have name printed thereon and attested ...153,
    • To superintend grant of patents ...3,
  • Disbarment of attorneys and agents ...32,
  • Disclaimer:
    • Fee ...41(a)5,
    • How filed and by whom ...253,
    • Must be filed before commencement of suit to recover costs ...288,
    • Nature of ...253,
  • District Court for District of Columbia:
    • Jurisdiction ...146,
    • Review of disbarment of attorneys and agents ...32,
  • Division of application ...121,
  • Division of patent on reissue ...251,
  • Drawing:
  • Duties of Director ...3,

    E

  • Elected office ...371, 372,
  • Employees of United States Patent and Trademark Office ...3,
    • How appointed ...3,
    • Restrictions on as to interest in patents ...4,
  • English language ...361,
  • Entry into national phase in United States ...371,
  • Error in naming inventors ...116,
  • Establishment of date of invention by reference to knowledge or use in foreign country ...104,
  • Establishment, United States Patent and Trademark Office ...1,
  • Examination:
    • Applicants shall be notified of rejection on ...132,
    • To be made of application and alleged invention ...131,
  • Exchange of United States Patent and Trademark Office Publications for other publications ...10,
  • Exchange of printed copies of patents and published application of patents with foreign countries ...11,
  • Executors, administrators or guardians ...117,
  • Extension of patent term ...155,
  • Extension of time to reply fee ...41(a)8,

    F

  • Falsely making or labeling articles as patented ...292,
  • Federal agency, defined ...200,
  • Federal Assistance, inventions made with:
    • Confidentiality ...205,
    • Definitions ...201,
    • Disposition of rights ...202,
    • Domestic and foreign protection of federally owned inventions ...207,
    • Educational awards ...212,
    • March-in rights ...203,
    • Policy and objective of ...200,
    • Precedence of chapter over other Acts ...210,
    • Preference for United States industry ...204,
    • Regulations governing Federal licensing ...208,
    • Relationship to antitrust laws ...211,
    • Restrictions on licensing of federally owned inventions ...209,
    • Uniform clauses and regulations ...206,
  • Fees:
    • Amount of ...41,
    • For attorney awarded by court ...285,
    • For records, publications, and services not specified in statute ...41,
    • How paid and refunded ...42,
    • Independent inventor, 50% reduction ...41(h),
    • International ...361, 376,
    • Nonprofit organization, 50% reduction ...41(h),
    • Payable to Director ...42(a),
    • Small business, 50% reduction ...41(h),
    • Small entity, 50% reduction ...41(h), 133,
    • To witness interference cases ...24,
  • Filing application by other than inventor ...118,
  • Filing date requirements ...111,
  • Filing fee, Amount of ...41(a)1,
  • Foreign applications:
    • License to file required ...184,
    • Penalty for filing without license ...185, 186,
  • Foreign countries, exchange of printed copies of patents and published application of patents with ...11,
  • Foreign country, knowledge of use in, not used to establish date of invention ...102, 104,
  • Foreign patentee:
  • Foreign patents:
    • Copies of, exchanged for United States patents and published application of patents ...11,
    • Prior, effect on United States application for patent ...102,
  • Foreign priority ...119(a)-(d), 365, 373,
  • Fraudulent statements ...18 U.S.C. 1001,
  • Funding agreement, defined ...200,

    G

  • Government interests in patents ...267,

    H

  • Holiday, time for action expiring on ...21,

    I

  • Importation of products made by a patented process ...295,
  • Improvements, patents may be granted for ...101,
  • Indexes of patents and patentees, printing of ...10,
  • Infringement, patent: Action for ...281,
    • Attorney fees ...285,
    • By United States, time limitation in suit for ...286,
    • Clerk of court to notify United States Patent and Trademark Office of suit ...290,
    • Contributory ...271,
    • Damages for ...284,
    • Defenses in suit for ...273, 282,
    • Defined ...271,
    • Design patent ...289,
    • Injunction ...283,
    • Notice of, necessary to recovery of damages ...287,
    • Pleading defense and special matters to be proved in suit ...282,
    • Suit for, when a claim is invalid ...288,
    • Temporary presence in United States ...272,
    • Time limitation ...286,
  • Injunctions may be granted by court having jurisdiction ...283,
  • Insane persons, patent applications of ...117,
  • Interference, patent:
    • Agreements, between parties, relating to termination, to be filed in Patent and Trademark Office ...135,
    • Appeal to court ...141,
    • Arbitration ...135,
    • Determination of priority ...102, 135,
    • Parties to be notified of ...135,
    • Review of decision by civil action ...145, 146,
    • Rules for taking testimony ...23,
  • International application ...351, 365, 366, 367, 375,
    • Fees ...376,
    • National phase in United States ...371,
    • Priority rights ...365,
  • Interfering patent:
    • How set aside ...291,
    • Jurisdiction, plurality of parties, foreign party ...146, 291,
    • Relief against ...291,
  • International Bureau ...351, 361, 362, 371,
  • International Preliminary Examining Authority ...362, 364, 368,
  • International Searching Authority ...351, 362, 364, 368,
  • International studies ...2,
  • Intervening rights on reissue ...252,
  • Invalid patent claim disclaimer ...288,
  • Invalidity of term extension ...282,
  • Invention date as affected by activity abroad ...104,
  • Invention, defined ...100,
  • Invention made abroad ...104,
  • Inventions promotion, improper and deceptive ...297,
  • Inventions in outer space ...105,
  • Inventions patentable ...101,
  • Inventions previously patented abroad ...102,
  • Inventive step ...103,
  • Inventor:
    • Correction of patent ...256,
    • Death or incapacity ...117,
    • May obtain patent ...101,
    • Oath for joint ...116,
    • Refuses to sign ...118,
    • To make application ...111,
  • Inventor's certificate as reference ...102,
  • Inventor's certificate priority right ...119,
  • Issue of patent ...151,
  • Issue fee ...41,
    • If not paid within three months, patent withheld ...151,
    • Nonpayment ...41, 151,
    • Payment of ...151,

    J

  • Joint inventors ...116, 256,
  • Joint owners ...262,
  • Jurisdiction of District Court for District of Columbia ...32,

    K

  • Knowledge or use in foreign country no bar to patent ...102,

    L

  • Legal representative of dead or incapacitated inventor ...117,
  • Liability of States ...296,
  • Libraries, public, copies of patents and published applications for patents for ...12, 41,
  • Library ...7,
  • License for foreign filing ...184,
  • Limitation on damages ...154, 286, 287,

    M

  • Machines patentable ...100,
  • Maintenance fees ...41(b),
  • Manufactures patentable ...101,
  • Marking articles falsely as patented ...292,
  • Marking articles patented ...287,
  • Misjoinder of inventor ...116, 202, 256,
  • Mistake in patent, certificate thereof issued ...254, 255,
  • Model, shall be furnished if required ...114,
  • Money:
    • Paid by mistake or in excess, refunded ...42,
    • Received for fees, etc. to be paid into Treasury ...42,
    • Multiple dependent claim ...112,
  • Mutilation of records ...18 U.S.C. 2071,

    N

  • National Security ...3, 122, 181,
  • National stage of international application ...371, 372, 373,
  • New matter inadmissible in reissue ...251,
  • New matter, may not be introduced by amendment ...132,
  • Nonjoinder of inventor ...256,
  • Nonobviousness ...103,
  • Nonprofit organization, defined ...200,
  • Nonresident patentee ...293,
  • Notice as regards patents:
    • As to proof in infringement suits ...282,
    • Of allowance of patent ...151,
    • Of appeal to the Court of Appeals for the Federal Circuit ...142, 143,
    • Of interference ...135,
    • Of patent suit, decision to be given United States Patent and Trademark Office by clerk of court ...290,
    • Of rejection of an application ...132,
    • Of suit to be entered on file of patent ...290,
    • To the public by Federal agency ...209,
    • To the public that invention is patented ...287,
  • Novelty ...102,

    O

  • Oath in patent application ...115, 152,
    • Before whom taken in foreign countries ...25, 115,
    • Before whom taken in the United States ...115,
    • Declaration in lieu of ...25,
    • Joint inventors ...116,
    • Must be made by inventor, if living ...115,
    • Requirements of ...115,
    • To be made by legal representative if inventor is dead or incapacitated ...117,
  • Obviousness ...103,
  • Officer of United States Patent and Trademark Office may attest patents ...153,
  • Officers and employees:
    • Of United States Patent and Trademark Office ...3,
    • Of United States Patent and Trademark Office, restrictions on as to interests in patents ...4,
  • Official Gazette:
    • Exchange for publications ...11,
    • Printing and distribution of ...11,
    • Public Advisory Committee Report ...5,
  • Owners, joint ...262,
  • Ownership assignment ...261,

    P

  • Paris Convention ...119,
  • Patent and Trademark Office: See United States Patent and Trademark Office
  • Patent Cooperation Treaty:
  • Patent fees ...41,
    • Disposition of ...42,
  • Patent laws, printing of ...10,
  • Patent pending, false marking as ...292,
  • Patent Public Advisory Committee ...3, 5,
    • Appointment, timing and basis ...5,
    • Duties ...5,
    • Consultation with Director ...3, 5,
  • Patent term adjustment ...154,
  • Patent term extension ...155,
  • Patent term extension application ...156,
  • Patent term restoration ...155A,
  • Patentability, conditions for ...102, 103,
  • Patentable inventions ...101,
  • Patented article, marked as such ...287,
  • Patentee:
    • Defined ...100,
    • Notified of interference ...135,
  • Patents:
    • Application for ...111,
    • Assignment of ...261,
    • Based on international application ...375,
    • Certified copies of ...9,
    • Classification of ...8,
    • Contents and duration of ...154,
    • Copies supplied to public libraries ...12, 41,
    • Copying claim of ...135,
    • Date, duration, and form ...154,
    • Design (See Design patents)
    • Effect of adverse interference decision ...135,
    • Exchange of printed copies with foreign countries ...11,
    • Fee on issuing ...41,
    • Filing application in foreign country ...184,
    • For what granted ...101,
    • Foreign knowledge or use no bar to grant of ...102,
    • How issued, attested, and recorded ...153,
    • May be granted to assignee ...152,
    • May be withheld in certain cases ...181,
    • Obtainable by civil action ...145,
    • Personal property ...261,
    • Presumption of validity ...282,
    • Price of copies ...41(a)9,
    • Printing of ...10,
    • Reissuing of, when defective ...251,
    • Rights of invention made with federal assistance ...200 - 212,
    • Restrictions on officers and employees of United States Patent and Trademark Office as to interest in ...4,
    • Surrender of, to take effect on reissue ...251,
    • Term ...154, 155, 155A, 156,
    • Term adjustment ...154,
    • Term extension ...155, 156,
    • Term restoration ...155A,
    • Time of issue, payment of issue fee ...151,
    • To be authenticated by seal of United States Patent and Trademark Office ...2,
    • When to issue ...151,
    • Withheld for nonpayment of issue fee ...151,
  • Patent rights in inventions made with Federal assistance ... 200-212,
    • Confidentiality ...205,
    • Definitions ...201,
    • Disposition of rights ...202,
    • Domestic and foreign protection of federally owned inventions ...207,
    • Educational awards ...212,
    • March-in rights ...203,
    • Policy and objective of ...200,
    • Precedence of chapter over other Acts ...210,
    • Preference for United States industry ...204,
    • Regulations governing federal licensing ...208,
    • Relationship to antitrust laws ...211,
    • Restrictions on licensing of federally owned inventions ...209,
    • Uniform clauses and regulations ...206,
  • Period for response ...21, 133,
  • Photolithography, Headings of drawings printed ...10,
  • Plant patents:
  • Pleading and proof in action for infringement ...282,
  • Postal Service deposit ...21,
  • Practical application, defined ...200,
  • Pre-issuance opposition, when prohibited ...122,
  • Presumption of product made by patented process ...295,
  • Presumption of validity of patents ...282,
  • Printed publication bar to a patent ...102,
  • Printing:
    • Decisions in patent cases ...10,
    • Of papers filed ...22,
    • United States Patent and Trademark Office ...10,
  • Printing headings of drawings by United States Patent and Trademark Office ...10,
  • Prior art, citation of ...301,
  • Prior patenting or publication bar to patent ...102,
  • Priority, foreign ...119, 365,
  • Priority of invention ...102,
  • Priority of invention, determined by Board of Patent Appeals and Interferences ...135,
  • Priority, right of, under treaty or law ...119,
    • For design applications ...172,
  • Process defined ...100,
  • Process Patent Amendment Act of 1988 ...287,
  • Process patentable ...101,
  • Product made by patent process ...295,
  • Property of United States Patent and Trademark Office ...2,
  • Provisional applications ...111, 119,
  • Provisional rights ...154,
  • Protest and pre-issuance opposition, when prohibited ...122,
  • Public use or sale ...102,
    • Of invention bar to a patent ...102,
  • Publication of international application, effect ...374,
  • Publication of patent applications ...122, 181,
  • Publications regarding patents and trademarks ...10,

    R

  • Receiving Office ...351, 361, 364, 367, 368,
  • Recording of assignments ...261,
  • Reexamination order by Director ...304, 313,
  • Reexamination procedure
  • Reexamination to be made after first rejection, if desired ...132,
  • References, to be cited on examination ...132,
  • Refund of money paid by mistake or in excess ...42,
  • Reissue of patents:
    • Application fee ...41(a)4,
    • Application may be made by assignee in certain cases ...251,
    • By reason of defective claims ...251,
    • Effect of ...252,
    • For unexpired term of original patent ...251,
    • Intervening rights ...252,
    • Of defective patents ...251,
    • To contain no new matter ...251,
  • Rejection, applicant shall be notified of reasons for ...132,
  • Remedy for infringement of patent ...281,
  • Removal of records ...18 U.S.C. 2071,
  • Report to Congress, annual ...13,
  • Request for reexamination proceeding ...302, 311,
  • Restoration of patent ...155A,
  • Restrictions on officers and employees of United States Patent and Trademark Office as to interest in patents ...4,
  • Retention of revenue ...2,
  • Revival if delay unavoidable ...133,
  • Right of foreign priority ...365,
  • Right to compensation because of secrecy order ...183,
  • Rules for taking testimony, Director to establish ...23,
  • Rules of practice:
    • Authority for ...2,
    • Printing of ...10,

    S

  • Saturday, time for action expiring on ...21,
  • Seal of United States Patent and Trademark Office ...2,
  • Secrecy of applications ...122,
  • Secrecy of certain inventions ...181 - 188,
  • Secrecy of international application ...368,
  • Secrecy order ...181,
  • Small business firm, defined ...200,
  • Small entity status ...2, 41,
  • Specification(s):
    • Contents of ...112,
    • If defective, reissue to correct ...251,
    • Part of patent ...154,
    • Printing of ...10, 41,
    • Uncertified copies, price of ...41,
  • Specimens, may be required ...114,
  • Statutory invention registration ...157,
  • Subpoenas to witnesses ...24,
  • Suit against the United States ...286,
  • Suit in equity (See Civil action)
  • Sunday, time for action expiring on ...21,
  • Surcharge for later filing of fee or oath ...111,

    T

  • Term extension:
    • For administrative delays ...154,
    • For delays due to interference, secrecy orders, and/or appellate review ...154,
    • Regulatory review ...156,
  • Term of patent:
  • Testimony, rules for taking ...23,
  • Time:
    • Expiring on Saturday, Sunday, or holiday ...21,
    • For payment of issue fee ...151,
    • For taking action in Government cases ...267,
    • Limitation on damages ...286,
    • Within which action must be taken ...133,
  • Title of invention ...154,
  • Trademark fees ...42(c),
  • Trademarks, reference to ...1, 2, 3, 10,
  • Translation error in international application ...375,

    U

  • Unauthorized disclosure ...182,
  • Unauthorized person may not lawfully assist persons in transaction of business before the Office ...33,
  • Under Secretary of Commerce for Intellectual Property ...6,
  • United States as designated office ...363,
  • United States, defined ...100,
  • United States Patent and Trademark Office:
    • In Department of Commerce ...1,
    • Library ...7,
    • Printing ...10,
    • Rules, authority for ...2,
    • Seal of ...2,
  • Unpatented article, penalty for deceptive marking ...292,
  • Use in foreign countries, no bar to grant of patent ...102,

    V

  • Verified translation requirement ...372,
  • Voluntary arbitration ...294,

    W

  • Withdrawal of international application ...366,
  • Withholding of patent ...181,
  • Witness:
    • Failing to attend or refusing to testify ...24,
    • Fees of, interference cases ...24,
    • In interference summoned by clerk of United States court ...24,
  • When in contempt, punishment ...24,