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Manual of Patent Examining Procedure - MPEP§ 5.33 [Reserved] - PATENT RULES§ 5.33 [Reserved][49 FR 13463, Apr. 4, 1984; amended, 61 FR 56439, Nov. 1, 1996, effective Dec. 2, 1996; removed and reserved, 62 FR 53131, Oct. 10, 1997, effective Dec. 1, 1997] RULES RELATING TO PATENTSA
Abandoned applications:
Abandonment by failure to reply ... 1.135 Abandonment during interference ... 41.127 Abandonment for failure to pay issue fee ... 1.316 Express abandonment ... 1.138 Processing and retention fee ... 1.21(1) Referred to in issued patents ... 1.14 Revival of ... 1.137 When open to public inspection ... 1.14 Abandonment of application. (See Abandoned applications.) Abstract of the disclosure ... 1.72, 1.77, 1.163 Access to pending applications (limited) ... 1.14 Action by applicant ... 1.111 - 1.138 Addresses for correspondence with the United States Patent and Trademark Office ... 1.1
Board of Patent Appeals and Interferences ... 1.1(a)(1), ... 41.10
Deposit account replenishment ... 1.25(c)(3), ... 1.25(c)(4)
Director of the United States Patent and Trademark Office ... 1.1(a)
FOIA Officer ... 102.1(b), 102.4(a)
Generally ... 1.1(a)
Licensing and Review ... 5.1(a)
Office of the General Counsel ... 1.1(a)(3), ... 102.10(b), 102.29(b)
Office of the Solicitor ... 1.1(a)(3),
Mail Stops
Mail Stop 4 ... 150.6
Mail Stop 8 ... 1.1(a)(3)
Mail Stop 24 ... 4.3(c)
Mail Stop Assignment Recordation Services ... 1.1(a)(4), 3.27
Mail Stop CPA ... 1.53(d)(9)
Mail Stop Document Services ... 1.1(a)(4)
Mail Stop Ex parte Reexam ... 1.1(c)(1)
Mail Stop Inter partes Reexam ... 1.1(c)(2)
Mail Stop Interference ... 41.10(b)
Mail Stop M Correspondence ... 1.1(d)(2)
Mail Stop OED ... 4.6
Mail Stop Patent Ext ... 1.1(e)
Mail Stop PCT ... 1.1(b), 1.417, 1.434(a), 1.480(b)
Maintenance fee payments ... 1.1(d)(1)
Patent correspondence ... 1.1(a)(1)
Privacy Officer ... 102.23(a), 102.24(a)
Trademark correspondence ... 2.190 Adjustment of patent term. (see Patent term adjustment due to examination delay.) Administrator, executor, or other legal representative may make application and receive patent ... 1.42, 1.43, 1.64 Admission to practice. (See Attorneys and agents.) Affidavit (See also Oath in patent application):
After appeal ... 41.33 As evidence in a contested case ... 41.154 To disqualify commonly owned patent or published application as prior art ... 1.130 Traversing rejections or objections ... 1.132 Agents. (See Attorneys and agents.) Allowance and issue of patent:
Amendment after allowance ... 1.312 Application abandoned for nonpayment of issue fee ... 1.316 Deferral of issuance ... 1.314 Delayed payment of issue fee ... 1.137 Delivery of patent ... 1.315 Failure to pay issue fee ... 1.137(c), 1.316 Issuance of patent ... 1.314 Notice of allowance ... 1.311 Patent to issue upon payment of issue fee ... 1.311, 1.314 Patent to lapse if issue fee is not paid in full ... 1.317 Reasons for ... 1.104 Withdrawal from issue ... 1.313 Allowed claims, rejection of by Board of Patent Appeals and Interferences ... 41.50(b) Amendment:
Adding or substituting claims ... 1.121 After decision on appeal, based on new rejection of Board of Patent Appeals and Interferences ... 41.50(b)(1) After final action ... 1.116 After final action (transitional procedures) ... 1.129 After notice of allowance ... 1.312 Copying claim of another application for interference ... 41.202 Copying claim of issued patent ... 41.202 Deletions and insertions ... 1.121 Drawings ... 1.121 Manner of making ... 1.121 Not covered by original oath ... 1.67 Numbering of claims ... 1.126 Of amendments ... 1.121 Of claims ... 1.121 Of disclosure ... 1.121 Of drawing ... 1.121 Of specification ... 1.121 Paper and writing ... 1.52 Petition from refusal to admit ... 1.127 Preliminary ... 1.115 Proposed during interference ... 41.121 Provisional application ... 1.53(c) Reexamination proceedings ... 1.121(j), 1.530, 1.941 Requisites of ... 1.33, 1.111, 1.116, 1.121, 1.125 Right to amend ... 1.111, 1.116, 1.127 Signature to ... 1.33 Substitute specification ... 1.125 Time for ... 1.134 To applications in interference ... 41.121 To correct inaccuracies ... 1.121 To correspond to original drawing or specification ... 1.121 To reissues. ... 1.173 To save from abandonment ... 1.135 Amino acid sequences. (See Nucleotide and/or amino acid sequences.) Appeals:
Civil Actions under 35 U.S.C. 145, 146, 306 ... 1.303, 1.304
To the Board of Patent Appeals and Interferences ... 41.30-41.54
Affidavits after appeal ... 41.33 Brief ... 41.37 Decision/Action by Board ... 41.50
Return of jurisdiction to examiner ... 1.197(a) Termination of proceedings ... 1.197(b) Examiner's answer ... 41.39 Fees ... 41.20 Hearing of ... 41.47 Inter partes reexamination ... 41.61 New grounds of rejection ... 41.39(a)(2), 41.50(b) Notice of appeal ... 41.31 Public inspection or publication of decisions ... 1.14 Rehearing ... 41.50(b)(2), 41.52 Reopening after final Board decision ... 1.198 Reply brief ... 41.41 Sanctions ... 41.128 What may be appealed ... 41.31 Who may appeal ... 41.31
To Court of Appeals for the Federal Circuit:
Fee provided by rules of court ... 1.301 From Board of Patent Appeals and Interferences ... 1.301 Notice and reasons of appeal ... 1.302 Time for filing notice of appeal ... 1.302, 1.304 Applicant for patent:
Actual inventor or inventors to make application for patent ... 1.41, 1.45 Assignee ... 1.47(b) Change of (see Correction of inventorship) Correspondence address ... 1.33 Daytime telephone number ... 1.33 Deceased or insane inventor ... 1.42, 1.43 Executor or administrator ... 1.42 In a continued prosecution application ... 1.53(b)(1), 1.53(d)(4) In an international application ... 1.421-1.425 Informed of application number ... 1.54 Inventorship in a provisional application ... 1.41(a)(2) Mailing address and residence of inventors may be provided in oath/declaration or in application data sheet ... 1.63, 1.76 May be represented by an attorney or agent ... 1.31 Person making oath or declaration ... 1.64 Personal attendance unnecessary ... 1.2 Required to conduct business with decorum and courtesy ... 1.3 Required to report assistance received ... 1.4 Who may apply for a patent ... 1.41-1.48 Application Data sheet ... 1.76 Application for patent (See also Abandoned applications, Claims, Drawing, Examination of applications, Provisional applications, Publication of application, Published application, Reissues, Specification):
Access to ... 1.14 Acknowledgment of filing ... 1.54 Alteration after execution ... 1.52 Alteration before execution ... 1.52 Application number and filing date ... 1.54 Arrangement ... 1.77 Compact disc submissions (see Electronic documents) Confidentiality of applications ... 1.14 Continuation or division, reexecution not required ... 1.63 Continued prosecution application ... 1.53(d)
Filed by facsimile ... 1.6, 1.8 Copies of, furnished to applicants ... 1.59 Cross-references to related applications ... 1.78 Deceased or insane inventor ... 1.42, 1.43 Declaration ... 1.68 Duty of disclosure ... 1.56 Examined only when complete ... 1.53 Filed by other than inventor ... 1.42, 1.43, 1.47, ... 1.64, 1.421(b) Filing date ... 1.53 Filing requirements ... 1.53 Foreign language oath or declaration ... 1.69 Formulas and tables ... 1.58 General requisites ... 1.51 Identification required in letters concerning ... 1.5 Incomplete papers not filed for examination ... 1.53 Interlineations, etc., to be indicated ... 1.52 Involving national security ... 5.1 Language, paper, writing, margin ... 1.52 Later filing of oath and filing fee ... 1.53 Missing pages when application filed ... 1.53(e) Must be made by actual inventor, with exceptions ... 1.41, 1.46, 1.47 Naming of inventors:
Application data sheet ... 1.76(b)(1) In a continued prosecution application ... 1.53(d)(4) In a provisional application ... 1.41(a)(2), 1.51(c)(1), 1.53(c)(1) In an international application ... 1.421
National stage ... 1.497 Inconsistencies between application data sheet and oath or declaration ... 1.76(d) Joint inventors ... 1.45 Oath/declaration. ... 1.63(a)(2) Non-English language ... 1.52 Nonpublication request ... 1.213 Numbering of claims ... 1.126 Numbering of paragraphs ... 1.52, 1.125 Original disclosure not expunged ... 1.59(a)(2) Parts filed separately ... 1.54 Parts of application desirably filed together ... 1.54 Parts of complete application ... 1.51 Processing fees ... 1.17 Provisional application ... 1.9, 1.51, 1.53 Publication of ... 1.211, 1.219 Relating to atomic energy ... 1.14 Reservation for future application not permitted ... 1.79 Retention fee ... 1.53(f) Status information ... 1.14 Tables and formulas ... 1.58 To contain but one invention unless connected ... 1.141 To whom made ... 1.51 Two or more by same party with conflicting claims ... 1.78 Application number ... 1.5(a), 1.53, 1.54 Arbitration award filing ... 1.335 Arbitration in a contested case before the Board ... 41.126 Assignee:
Correspondence held with assignee(s) of entire interest ... 3.71, 3.73 Establishing ownership ... 3.73(b) May conduct prosecution of application ... 3.71, 3.73 May make application on behalf of inventor(s) ... 1.47(b) May take action in Board proceeding ... 41.9 Must consent to application for reissue of patent ... 1.171, 1.172 Partial assignee(s) ... 1.46, 3.71, 3.73, 3.81 Assignments and recording:
Abstracts of title, fee for ... 1.19(b)(5) Conditional assignments ... 3.56 Cover sheet required ... 3.28, 3.31 Corrections ... 3.34 Date of receipt is date of record ... 3.51 Definitions ... 1.332 Effect of recording ... 3.54 Fees ... 1.21(h) Formal requirements ... 3.21-3.28 If recorded before payment of issue fee, patent may issue to assignee ... 3.81 Joint research agreements ... 3.11(c), 3.31(g) Mailing address for submitting documents ... 1.1(a)(4), 3.27 Must be recorded in Patent and Trademark Office to issue patent to assignee ... 3.81 Must identify patent or application ... 3.21 Orders for copies of ... 1.12 Patent may issue to assignee ... 3.81 Recording of assignments ... 3.11 Records open to public inspection ... 1.12 Requirements for recording ... 3.21-3.41 What will be accepted for recording ... 3.11 Atomic energy applications reported to Department of Energy ... 1.14 Attorneys and agents:
Acting in representative capacity ... 1.33, 1.34 Assignment will not operate as a revocation of power ... 1.36 Certificate of good standing ... 1.21(a) Complaints ... 4.6 Fee on admission ... 1.21(a) Office cannot aid in selection of ... 1.31 Personal interviews with examiners ... 1.133 Power of attorney ... 1.32 Power to inspect ... 1.14 Representative capacity ... 1.33, 1.34 Required to conduct business with decorum and courtesy ... 1.3 Revocation of power ... 1.36(a) Signature and certificate of attorney ... 1.4, 10.18 Withdrawal of ... 1.36(b), 41.5 Authorization of agents. (See Attorneys and agents.) Award in arbitration ... 1.335 B
Balance in deposit account ... 1.25 Basic filing fee ... 1.16 Benefit of earlier application ... 1.78 Bill in equity. (See Civil action.) Biological material. (See Deposit of biological material.) Board of Patent Appeals and Interferences. (See Appeal to Board of Patent Appeals and Interferences.) Briefs:
In petitions to Director ... 1.181 On appeal to Board ... 41.37 Business to be conducted with decorum and courtesy ... 1.3 Business to be transacted in writing ... 1.2 C
Certificate of correction ... 1.322, 1.323
Fees ... 1.20 Mistakes not corrected ... 1.325 Certificate of mailing (First Class) or transmission ... 1.8 Certification effect of presentation to Office ... 1.4(d), 10.18 Certified copies of records, papers, etc. ... 1.4(f), 1.13
Fee for certification ... 1.19(b) Chemical and mathematical formulae and tables ... 1.58 Citation of prior art in patented file ... 1.501 Citation of references ... 1.104 Claims (See also Examination of applications):
Amendment of ... 1.121 Commence on separate sheet or electronic page ... 1.52(b), 1.75(h) Conflicting, same applicant or owner ... 1.78 Date of invention of ... 1.110 Dependent ... 1.75 Design patent ... 1.153 May be in dependent form ... 1.75 More than one permitted ... 1.75 Multiple dependent ... 1.75 Must conform to invention and specification ... 1.75 Notice of rejection of ... 1.104 Numbering of ... 1.126 Part of complete application ... 1.51 Plant patent. ... 1.164 Rejection of ... 1.104 Required ... 1.75 Separate from other parts of application ... 1.75(h) Twice rejected before appeal ... 41.31 Color drawing ... 1.6(d)(4), 1.84(a)(2) Commissioner of Patents and Trademarks (See Director of the USPTO.) Common ownership, statement by assignee may be required ... 1.78(c) Compact disc submissions. (See Electronic documents.) Complaints against examiners, how presented ... 1.3 Complaints regarding invention promoters (See Invention promoters.) Composition of matter, specimens of ingredients may be required ... 1.93 Computer program listing appendix ... 1.96 Concurrent office proceedings ... 1.565 Conflicting claims, same applicant or owner in two or more applications ... 1.78 Contested cases before the Board of Patent Appeals and Interferences ... 41.100-41.208 Continued examination, request for ... 1.114
Fee ... 1.17 Suspension of action after ... 1.103 Continued prosecution application ... 1.53(d)
Suspension of action in ... 1.103 Continuing application for invention disclosed and claimed in prior application ... 1.53, 1.63 Control number, display of ... 1.419 Copies of patents, published applications, records, etc. ... 1.11, 1.12, 1.13 Copies of records, fees ... 1.19(b), 1.59 Copyright notice in specification ... 1.71(d) Copyright notice on drawings ... 1.84(s) Correction, certificate of ... 1.322, 1.323 Correction of inventorship:
In a nonprovisional application ... 1.48
Before filing oath/declaration ... 1.41(a)(1), 1.76(c) By filing oath/declaration ... 1.76(d)(3) When filing a continuation or divisional application ... 1.63(d) When filing a continued prosecution application ... 1.53(d)(4)
In a provisional application ... 1.48
By filing a cover sheet ... 1.48(f)(2) Without filing a cover sheet ... 1.41(a)(2)
In a reexamination proceeding ... 1.530 In an international application ... 1.472
When entering the national stage ... 1.497
In an issued patent ... 1.324 In other than a reissue application ... 1.48 Inconsistencies between application data sheet and oath or declaration ... 1.76(d) Motion to correct inventorship in an interference ... 41.121(a)(2) Supplemental application data sheet(s) ... 1.76(c) Correspondence:
Address:
Change of correspondence address ... 1.33(a) Established by the office if more than one is specified ... 1.33(a) Of the U.S. Patent and Trademark Office ... 1.1 Business with the Office to be transacted by ... 1.2 Discourteous communications not entered ... 1.3 Double, with different parties in interest not allowed ... 1.33 Duplicate copies disposed of ... 1.4 Facsimile transmission ... 1.6(d) Held with attorney or agent ... 1.33 Identification of application or patent in letter relating to ... 1.5 Involving national security ... 5.1 May be held exclusively with assignee(s) of entire interest ... 3.71 Nature of ... 1.4 Patent owners in reexamination ... 1.33(c) Receipt of letters and papers ... 1.6 Rules for conducting in general ... 1.1-1.8 Separate letter for each subject or inquiry ... 1.4 Signature requirements ... 1.4(d) When no attorney or agent ... 1.33 With attorney or agent after power or authorization is filed ... 1.33 Court of Appeals for the Federal Circuit, appeal to. (See Appeal to Court of Appeals for the Federal Circuit.) Credit card payment ... 1.23 Cross-reference to related applications ... 1.76-1.78 Customer Number
Defined ... 1.32(a)(4) Required to establish a Fee Address ... 1.363(c) D
Date of invention of subject matter of individual claims ... 1.110 Day for taking any action or paying any fee falling on Saturday, Sunday, or Federal holiday ... 1.7 Death or insanity of inventor ... 1.42, 1.43
In an international application ... .1.422, 1.423 Decision by the Board of Patent Appeals and Interferences ... 41.50
Return of jurisdiction to examiner ... 1.197(a) Termination of proceedings ... 1.197(b) Declaration (See also Oath in patent application):
Foreign language ... 1.69 In lieu of oath ... 1.68 In patent application ... 1.68 Deferral of examination ... 1.103 Definitions:
Assignment ... 3.1 Customer Number ... 1.32(a)(4) Document ... 3.1 Federal holiday within the District of Columbia ... 1.9 National and international applications ... 1.9 National security classified ... 1.9 Nonprofit organization ... 1.27 Person (for small entity purposes) ... 1.27 Power of Attorney ... 1.32(a)(1) Principal ... 1.32(a)(2) Published application ... 1.9 Recorded document ... 3.1 Revocation ... 1.32(a)(3) Service of process ... 15 CFR Part 15 Small business concern ... 1.27 Small entity ... 1.27 Terms under Patent Cooperation Treaty ... 1.401 Testimony by employees ... 15 CFR Part 15a Delivery of patent ... 1.315 Deposit accounts ... 1.25
Fees ... 1.21(b) Deposit of biological material:
Acceptable depository ... 1.803 Biological material ... 1.801 Examination procedures ... 1.809 Furnishing of samples ... 1.808 Need or opportunity to make a deposit ... 1.802 Replacement or supplemental deposit ... 1.805 Term of deposit ... 1.806 Time of making original deposit ... 1.804 Viability of deposit ... 1.807 Deposit of computer program listings ... 1.52(e), 1.96 Depositions (See also Testimony in contested cases before the Board):
Certificate of officer to accompany ... 41.157(e) Original filed as exhibit ... 41.157(e) Person before whom taken ... 41.157(e) Transcripts of ... 41.154(a), 41.157 Description of invention. (See Specification.) Design Patent Applications:
Arrangement of application elements ... 1.154 Claim ... 1.153 Drawing ... 1.152 Expedited examination ... 1.155 Filing fee ... 1.16(b) Issue fee ... 1.18(b) Oath ... 1.153 Rules applicable ... 1.151 Title, description and claim ... 1.153 Determination of request for ex parte reexamination ... 1.515 Director of the USPTO (See also Petition to the Director):
Address of ... 1.1
Availability of decisions by ... 1.14
Initiates ex parte reexamination ... 1.520 Disclaimer, statutory:
Fee ... 1.20(d) Requirements of ... 1.321 Terminal ... 1.321 Disclosure, amendments to add new matter not permitted ... 1.121 Disclosure document fee ... 1.21(c) Discovery in contested cases before the Board ... 41.150-41.158 Division. (See Restriction of application.) Document supply fees ... 1.19 Drawing:
Amendment of ... 1.121 Arrangement of views ... 1.84(i) Arrows ... 1.84(r) Character of lines ... 1.84(l) Color ... 1.6(d)(4), 1.84(a)(2), 1.165(b) Content of drawing ... 1.83 Copyright notice ... 1.84(s) Correction ... 1.84(w), 1.85(c), 1.121 Cost of copies of ... 1.19 Design application ... 1.152 Figure for front page ... 1.76, 1.84(j) Filed with application ... 1.81 Graphics ... 1.84(d) Hatching and shading ... 1.84(m) Holes ... 1.84(x) Identification ... 1.84(c) If of an improvement, must show connection with old structure ... 1.83 Informal drawings ... 1.85 Ink ... 1.84(a)(1) Lead lines ... 1.84(q) Legends ... 1.84(o) Letters ... 1.84(p) Location of names ... 1.84(c) Mask work notice ... 1.84(s) Must be described in and referred to specification ... 1.74 Must show every feature of the invention ... 1.83 No return or release ... 1.85(b) Numbering of sheets ... 1.84(t) Numbering of views ... 1.84(u) Numbers ... 1.84(p) Original should be retained by applicant ... 1.81(a) Paper ... 1.84(e) Part of application papers ... 1.52 Photographs ... 1.84(b) Plant patent application ... 1.81, 1.165 Reference characters ... 1.74, 1.84(p) Reissue ... 1.173 Release not permitted ... 1.85(b) Required by law when necessary for understanding ... 1.81 Scale ... 1.84(k) Security markings ... 1.84(v) Shading ... 1.84(m) Size of sheet and margins ... 1.84(f),(g) Standards for drawings ... 1.84 Symbols ... 1.84(n) Views ... 1.84(h) When necessary, part of complete application ... 1.51 Duty of disclosure ... 1.56, 1.555
Patent term extension ... 1.765 E
Election of species ... 1.146 Electronic documents:
Compact disc submissions:
Amino acid sequences ... 1.821, 1.823, 1.825 Computer program listings ... 1.96 Incorporation by reference in specification ... 1.52 Nuclide acid sequences ... 1.821, 1.823, 1.825 Requirements ... 1.52 Submitted as part of permanent record ... 1.52, 1.58, 1.96, 1.821, 1.823, 1.825 Tables ... 1.58 Employee testimony. (See Testimony by Office employees.) Establishing small entity status ... 1.27, 1.28 Evidence in contested cases before the Board ... 41.154 Ex parte reexamination. (See Reexamination.) Examination of applications:
Advancement of examination ... 1.102 As to form ... 1.104 Citation of references ... 1.104 Completeness of examiner's action ... 1.104 Deferral of ... 1.103 Examiner's action ... 1.104 International-type search ... 1.104 Nature of examination ... 1.104 Reasons for allowance ... 1.104 Reconsideration after rejection if requested ... 1.111 Reissue ... 1.176 Rejection of claims ... 1.104 Request for continued examination ... 1.114 Requirements for information by examiner ... 1.105 Suspension of ... 1.103 Examiners:
Answers on appeal ... 41.39 Complaints against ... 1.3 Interviews with ... 1.133 Executors ... 1.42 Exhibits. (See Models and exhibits.) Export of technical data ... 5.19, 5.20 Express abandonment ... 1.138
Date of receipt of ... 1.6 Petition in regard to ... 1.10 Expungement ... 1.59 Extension of patent term (See also Patent term adjustment):
Due to examination delay under the URAA (35 U.S.C. 154) ... 1.701 Due to regulatory review period (35 U.S.C. 156):
Applicant for ... 1.730 Application for ... 1.740 Calculation of term:
Animal drug product ... 1.778 Food or color additive ... 1.776 Human drug product ... 1.775 Medical device ... 1.777 Veterinary biological product ... 1.779
Certificate of extension ... 1.780 Conditions for ... 1.720 Correction of informalities ... 1.740 Determination of eligibility ... 1.750 Duty of disclosure ... 1.765 Filing date of application ... 1.741 Formal requirements ... 1.740 Incomplete application ... 1.741 Interim extension under 35 U.S.C. 156(d)(5) ... 1.790 Interim extension under 35 U.S.C. 156(e)(2) ... 1.760 Multiple applications ... 1.785 Order granting interim extension ... 1.780 Patents subject to ... 1.710 Signature requirements for application ... 1.730 Termination of interim extension granted under 35 U.S.C. 156(d)(5) ... 1.791 Withdrawal of application ... 1.770 Extension of time ... 1.136
Fees ... 1.17 Interference proceedings ... 41.4 F
Facsimile transmission ... 1.6(d), 1.8 Federal holiday within the District of Columbia ... 1.9(h) Federal Register, publication of rules in ... 1.351 Fees and payment of money:
Credit card ... 1.23 Deposit accounts ... 1.25 Document supply fees ... 1.19 Extension of time ... 1.17 Fee on appeal to the Court of Appeals for the Federal Circuit provided by rules of court ... 1.301 Fees payable in advance ... 1.22 Foreign filing license petition ... 1.17(g) For international-type search report ... 1.21(e) Itemization required ... 1.22 Method of payment ... 1.23 Money by mail at risk of sender ... 1.23 Money paid by mistake ... 1.26 Necessary for application to be complete ... 1.51 Petition fees ... 1.17, 1.181, 41.20 Post allowance ... 1.18 Processing fees ... 1.17 Reexamination request ... 1.20(c) Refunds ... 1.26 Relating to international applications ... 1.25(b), 1.445, 1.481, 1.482, 1.492 Schedule of fees and charges ... 1.16-1.21 Files open to the public ... 1.11 Filing date of application ... 1.53 Filing, search, and examination fees ... 1.16 Filing in Post Office ... 1.10 Filing of interference settlement agreements ... 41.205 Final rejection:
Appeal from ... 41.31 When and how given ... 1.113 First Class Mail (includes Priority Mail and Express Mail) ... 1.8 Foreign application ... 1.55
Foreign country:
Taking oath in ... 1.66 Taking testimony in ... 41.156(b) Foreign mask work protection ... Part 150
Evaluation of request ... 150.4 Definition ... 150.1 Duration of proclamation ... 150.5 Initiation of evaluation ... 150.2 Mailing address ... 150.6 Submission of requests ... 150.3 Formulas and tables in patent applications. ... 1.58 Fraud practiced or attempted on Office ... 1.56 Freedom of Information Act (FOIA) ... Part 102
Appeals from initial determinations or untimely delays ... 102.10 Business information ... 102.9 Correspondence address ... 102.1, 102.4 Expedited processing ... 102.6 Fees ... 102.11 Public reference facilities ... 102.2 Records ... 102.3 Responses to requests ... 102.7
Responsibility for responding ... 102.5 Time limits ... 102.6
Requirements for making requests ... 102.4 G
Gazette. (See Official Gazette.) General authorization to charge deposit account ... 1.25, 1.136 General information and correspondence ... 1.1-1.8 Government acquisition of foreign patent rights ... Part 501 Government employee invention ... Part 501 Government interest in patent, recording of ... 3.11, 3.31, 3.41, 3.58 Governmental registers ... 3.58 Guardian of insane person may apply for patent ... 1.43 H
Hearings:
Before the Board of Patents Appeals and Interferences ... 41.47 Fee for appeal hearing ... 41.20 Holiday, time for action expiring on ... 1.6, 1.7 I
Identification of application, patent or registration ... 1.5 Inconsistencies between application data sheet and oath or declaration ... 1.76(d) Incorporation by reference ... 1.57 Information disclosure statement:
At time of filing application ... 1.51 Content of ... 1.98 Not permitted in provisional applications ... 1.51 Reexamination ... 1.555, 1.902 Suspension of action to provide time for consideration of an IDS in a CPA ... 1.103(b) Third party submission of ... 1.99 To comply with duty of disclosure ... 1.97 Information, Public ... Part 102 Insane inventor, application by guardian of ... 1.43 Inter partes reexamination. (See Reexamination.) Interferences:
Abandonment of the contest ... 41.127 Access to applications ... 1.11(e) Addition of patent or application. ... 41.203 Amendment during ... 41.121 Appeal to the Court of Appeals for the Federal Circuit. ... 1.301, 1.302 Applicant requests ... 41.202 Arbitration ... 41.126 Burden of proof ... 41.207 Civil action ... 1.303 Common interests in the invention ... 41.206 Concession of priority ... 41.127 Copying claims from patent ... 41.121, 41.202 Declaration of interference ... 41.203 Definitions ... 41.201 Disclaimer to avoid interference ... 41.127 Discovery ... 41.150 Extension of time ... 41.4 In what cases declared ... 41.203 Junior party fails to overcome filing date of senior party ... 41.204 Jurisdiction over involved files ... 41.103 Manner of service of papers ... 41.106 Motions ... 41.121 Notice to file civil action ... 1.303 Notice of declaration ... 41.203 Petitions ... 41.3 Presumption as to order of invention ... 41.207 Priority Statement ... 41.204 Prosecution by owner of entire interest ... 41.9 Records of, when open to public ... 1.11(e) Requests by applicants ... 41.202 Review of decision by civil action ... 1.303 Same party ... 41.206 Sanctions ... 41.128 Secrecy order cases ... 5.3(b) Service of papers ... 41.106 Statutory disclaimer by patentee during ... 41.127 Suggestion of claims for interference ... 41.202 Suspension of other proceedings ... 41.103 Time period for completion ... 41.200 Translation of document in foreign language ... 41.154 International application. (See Patent Cooperation Treaty.) International Preliminary Examining Authority ... 1.416 Interview summary ... 1.133 Interviews with examiner ... 1.133, 1.560 Invention promoters:
Complaints regarding ... 4.1-4.6
Publication of ... 4.1, 4.3, 4.5 Reply to ... 4.4 Submission of ... 4.3 Withdrawal of ... 4.3
Definition ... 4.2 Reply to complaint ... 4.4 Inventor (See also Applicant for patent, Application for patent):
Death or insanity of inventor ... 1.42, 1.43
In an international application ... 1.422, 1.423 Refuses to sign application ... 1.47 To make application ... 1.41, 1.45 Unavailable ... 1.47 Inventor's certificate priority benefit ... 1.55 Inventorship and date of invention of the subject matter of individual claims ... 1.110 Issue fee ... 1.18 Issue of patent. (See Allowance and issue of patent.) J
Joinder of inventions in one application ... 1.141 Joint inventors ... 1.45, 1.47, 1.324 Joint patent to inventor and assignee ... 1.46, 3.81 Jurisdiction:
After decision by Board of Patent Appeals and Interferences ... 1.197, 1.198 After notice of allowance ... 1.312 Over involved files ... 41.103 L
Lapsed patents ... 1.317 Legal representative of deceased or incapacitated inventor ... 1.42-1.43, 1.64 Legibility of papers ... 1.52 Letters to the Office. (See Correspondence.) Library service fee ... 1.19(c) License and assignment of government interest in patent ... 3.11, 3.31, 3.41 License for foreign filing ... 5.11-5.15 List of U.S. patents classified in a subclass, cost of ... 1.19(d) Local delivery box rental ... 1.21(d) Lost files ... 1.251 M
Mail Stops
Mail Stop 4 ... 150.6 Mail Stop 8 ... 1.1(a)(3) Mail Stop 24 ... 4.3(c) Mail Stop Assignment Recordation Services ... 1.1(a)(4), 3.27 Mail Stop Document Services ... 1.1(a)(4) Mail Stop Ex parte Reexam ... 1.1(c)(1) Mail Stop Inter partes Reexam ... 1.1(c)(2) Mail Stop Interference ... 41.10(b) Mail Stop L&R ... 5.1 Mail Stop M Correspondence ... 1.1(d)(2) Mail Stop OED ... 4.6 Mail Stop Patent Ext ... 1.1(e) Mail Stop PCT ... 1.1(b), 1.417, 1.434(a), 1.480(b) Maintenance fees ... 1.20
Acceptance of delayed payment of ... 1.378 Address for payments ... 1.1(d)(1) Address for correspondence (at PTO) ... 1.1(d)(2) Address for correspondence (applicant's) ... 1.363 Review of decision refusing to accept ... 1.377 Submission of ... 1.366 Time for payment of ... 1.362 Mask work notice in specification ... 1.71(d) Mask work notice on drawing ... 1.84(s) Mask work protection, foreign ... Part 150 Microorganisms. (See Deposit of biological material.) Minimum balance in deposit accounts ... 1.25 Missing pages when application filed ... 1.53(e) Mistake in patent, certificate thereof issued ... 1.322, 1.323 Models and exhibits:
Copies of ... 1.95 Disposal without notice unless return arrangements made ... 1.94 If on examination model found necessary request therefor will be made ... 1.91 In contested cases ... 41.154 May be required ... 1.91 Model not generally admitted in application or patent ... 1.91 Not to be taken from the Office except in custody of sworn employee ... 1.95 Return of ... 1.94 Working model may be required ... 1.91 Money. (See Fees and payment of money.) Motions in interferences ... 41.121
To take testimony in foreign country ... 41.156(b) N
Name of Applicant or Inventor (see Applicant for patent, Application for patent, Inventor) New matter inadmissible in application ... 1.121 New matter inadmissible in reissue ... 1.173 Non-English language specification fee ... 1.17(i) Nonprofit organization:
Definition ... 1.27 Small entity status ... 1.27 Notice:
Of allowance of application ... 1.311 Of appeal to the Court of Appeals for the Federal Circuit ... 1.301, 1.302 Of arbitration award ... 1.335 Of defective ex parte reexamination request ... 1.510(c) Of declaration of interference ... 41.203 Of oral hearings before the Board of Patent Appeals and Interferences ... 41.47 Of rejection of an application ... 1.104 Of taking testimony ... 41.157(c) Nucleotide and/or amino acid sequences:
Amendments to ... 1.825 Disclosure in patent applications ... 1.821 Form and format for computer readable form ... 1.824 Format for sequence data ... 1.822 Replacement of ... 1.825 Requirements ... 1.823 Submission on compact disc ... 1.52, 1.821, 1.823 Symbols ... 1.822 O
Oath in patent application. (See also Declaration):
Apostles ... 1.66 Before whom taken in foreign countries ... 1.66 Before whom taken in United States ... 1.66 By administrator or executor ... 1.42, 1.63, 1.64 By guardian of insane person ... 1.43, 1.63, 1.64 Certificate of Officer administering ... 1.66 Continuation-in-part ... 1.63(e) Declaration ... 1.68 Foreign language ... 1.69 International application ... 1.497 Inventor's Certificate ... 1.63 Made by inventor ... 1.41, 1.63 Made by someone other than inventor ... 1.64(b) Officers authorized to administer oaths ... 1.66 Part of complete application ... 1.51 Person making ... 1.64 Plant patent application ... 1.162 Requirements of ... 1.63 Ribboned to other papers ... 1.66 Sealed ... 1.66 Signature to ... 1.63, 1.64, 1.67 Supplemental ... 1.67 To acknowledge duty of disclosure ... 1.63 When taken abroad to seal all papers ... 1.66 Oath or declaration in reissue application ... 1.175 Oath or declaration
Plant patent application ... 1.162 When international application enters national stage ... 1.497 Object of the invention ... 1.73 Office action time for reply ... 1.134 Office fees. (See Fees and payment of money.) Official action, based exclusively upon the written record ... 1.2 Official business, should be transacted in writing ... 1.2 Official Gazette:
Amendments to rules published in ... 1.351 Announces request for reexamination ... 1.11(c), 1.904 Notice of filing application to nonsigning inventor ... 1.47 Notice of issuance of ex parte reexamination certificate ... 1.570(f) Notice of issuance of inter partes reexamination certificate ... 1.997 Oral statements ... 1.2 P
Payment of fees, Method ... 1.23 Paper, definition of ... 1.9 Papers (requirements to become part of Office permanent records) ... 1.52 Papers not received on Saturday, Sunday, or holidays ... 1.6 Patent application. (See Application for patent and Provisional patent applications.) Patent application publication. (See Published application.) Patent attorneys and agents. (See Attorneys and agents.) Patent Cooperation Treaty:
Access to international application files ... 1.14(g) Amendments and corrections during international processing ... 1.471 Amendments during international preliminary examination ... 1.485 Applicant for international application ... 1.421 Changes in person, name or address, where filed ... 1.421(f), 1.472 Conduct of international preliminary examination ... 1.484 Copies of international application files ... 1.14(g) Definition of terms ... 1.401 Delays in meeting time limits ... 1.468 Demand for international preliminary examination ... 1.480 Designation of States ... 1.432 Entry into national stage ... 1.491, 1.495 Examination at national stage ... 1.496 Fees:
Authorization to charge fees under 37 CFR 1.16 ... 1.25(b) Due on filing of international application. ... 1.431(c) Failure to pay results in withdrawal of application ... 1.431(d), 1.432 Filing, processing and search fees ... 1.445 International Filing Fee ... 1.431(c), 1.445(b) International preliminary examination ... 1.481, 1.482 National stage ... 1.25(b), 1.492 Refunds ... 1.446 Filing by other than inventor ... 1.421(b) International application requirements ... 1.431
Abstract ... 1.438 Claims ... 1.436 Description ... 1.435 Drawings ... 1.437 Physical requirements ... .1.433 Request. ... 1.434 International Bureau ... 1.415 International Preliminary Examining Authority ... 1.416 Inventor deceased ... 1.422 Inventor insane or legally incapacitated ... 1.423 Inventors, joint ... 1.421(b), 1.497 National stage in the United States:
Commencement ... 1.491
Examination ... 1.496
Oath or declaration at national stage ... 1.497 Priority, claim for ... 1.55, 1.451 Record copy to International Bureau, transmittal procedures ... 1.461 Representation by attorney or agent ... 1.455 Time limits for processing applications ... 1.465, 1.468 United States as:
Designated or Elected Office ... 1.414 International Searching Authority ... 1.413 Receiving Office ... 1.412 Unity of invention:
Before International Searching Authority ... 1.475, 1.476 Before International Preliminary Examining Authority ... 1.488 National stage ... 1.475, 1.499 Protest to lack of ... 1.477, 1.489 Patent term adjustment due to examination delay ... 1.702-1.705
Application for ... 1.705 Determination ... 1.705 Grounds for ... 1.702 Period of adjustment ... 1.703 Reduction of period of adjustment ... 1.704 Patent term extension due to examination delay ... 1.701 Patent term extension due to regulatory review period. (See Extension of patent term due to regulatory review period (35 U.S.C. 156).) Patents (See also Allowance and issue of patent):
Available for license or sale, publication of notice ... 1.21(i) Certified copies of ... 1.13 Correction of errors in ... 1.171, 1.322, 1.323, 1.324 Delivery of ... 1.315 Disclaimer ... 1.321 Identification required in letters concerning ... 1.5 Lapsed, for nonpayment of issue fee ... 1.317 Obtainable by civil action ... 1.303 Price of copies ... 1.19 Records of, open to public ... 1.11, 1.12 Reissuing of, when defective ... 1.171-1.178 Payment of fees ... 1.23 Personal attendance unnecessary ... 1.2 Petition for reissue ... 1.171, 1.172 Petition to the Director:
Fees ... 1.17 For delayed payment of issue fee ... 1.137 For expungement of papers ... 1.59 For extension of time ... 1.136 For license for foreign filing ... 5.12 For the revival of an abandoned application ... 1.137 From formal objections or requirements ... 1.113, 1.181 From requirement for restriction ... 1.129, 1.144 General requirements ... 1.181 In interferences ... 41.3 In reexamination ... 1.181
If examiner refused the ex parte request ... 1.515(c) On refusal of examiner to admit amendment ... 1.127 Questions not specifically provided for ... 1.182 Suspension of rules ... 1.183
Petition to accept an unintentionally delayed claim for domestic priority ... 1.78(a)(3), 1.78(a)(6) Petition to accept an unintentionally delayed claim for foreign priority ... 1.55(c) To exercise supervisory authority ... 1.181 To make special ... 1.102 Untimely unless filed within two months ... 1.181 Photographs ... 1.84(b), 1.152 Plant patent applications:
Applicant ... 1.162 Claim ... 1.164 Declaration ... 1.162 Description ... 1.162 Drawings ... 1.165 Examination ... 1.167 Fee for copies ... 1.19 Filing fee ... 1.16(c) Issue fee ... 1.18(c) Oath ... 1.162 Rules applicable ... 1.161 Specification and arrangement of application elements ... 1.163 Specimens ... 1.166 Post issuance and reexamination fees ... 1.20 Post Office receipt as filing date ... 1.10 Postal emergency or interruption ... 1.10(g)-(i) Power of attorney. (See Attorneys or agents.) Power to inspect ... 1.14(c) Preliminary amendments ... 1.115 Preliminary Examining Authority, International ... 1.416 Preserved in confidence, applications ... 1.12, 1.14
Exceptions (status, access or copies available) ... 1.14 Prior art citation in patented files ... 1.501 Prior art statement:
Content of ... 1.98 To comply with duty of disclosure. ... 1.97 Prior invention, affidavit or declaration of to overcome rejection ... 1.130, 1.131 Priority, right of, under treaty or law:
Domestic benefit claim:
Cross-reference to related application(s) ... 1.76-1.78 Filing fee must be paid in provisional application ... 1.78 Indication of whether international application was published in English ... 1.78(a)(2) May be in first sentence of application or on application data sheet ... 1.78 Petition to accept, unintentionally delayed ... 1.78 Translation of non-English language provisional application required ... 1.78 Waived if not timely ... 1.78 Foreign priority claim:
Filed after issue fee has been paid ... 1.55 May be on application data sheet or in oath/declaration ... 1.63(c) Petition to accept, unintentionally delayed ... 1.55 Priority document ... 1.55
Time for claiming ... 1.55 Privacy Act ... Part 102
Denial of access to records ... 102.25 Definitions ... 102.22 Disclosure of records ... 102.25, 102.30 Fees ... 102.31 Grant of access to records ... 102.25 Inquiries ... 102.23 Medical records ... 102.26 Penalties ... 102.32 Requests for records ... 102.24 Requests for correction or amendment ... 102.27
Appeal of initial adverse determination ... 102.29 Review of requests ... 102.28 Processing and retention fee ... 1.21(l), 1.53(f) Proclamation as to protection of foreign mask works ... Part 150 Protests to grants of patent ... 1.291 Provisional applications:
Claiming the benefit of ... 1.78 Converting a nonprovisional to a provisional ... 1.53(c) Converting a provisional to a nonprovisional ... 1.53(c) Cover sheet required by § 1.51(c)(1) may be a § 1.76 application data sheet ... 1.53(c)(1) Filing date ... 1.53(c) Filing fee ... 1.16(d) General requisites ... 1.51(c) Later filing of fee and cover sheet ... 1.53(g) Names of inventor(s) ... 1.41(a)(2)
Application data sheet ... 1.53(c)(1), 1.76 Correction of ... 1.48 Cover sheet ... 1.51(c)(1), 1.53(c)(1) Joint inventors ... 1.45 No right of priority ... 1.53(c) No examination ... 1.53(i) Papers concerning, should identify provisional application as such, by application number ... 1.5(f) Parts of complete provisional application ... 1.51(c) Processing fees ... 1.17 Revival of ... 1.137 When abandoned ... 1.53(i) Provisional rights
Submission of international publication or English translation thereof pursuant to 35 U.S.C. 154(d)(4) ... 1.417 Public Information ... Part 102 Public use proceedings ... 1.292
Fee ... 1.17(j) Publication of application ... 1.211
Early publication ... 1.219 Express abandonment to avoid publication ... 1.138 Fee ... 1.18 Nonpublication request ... 1.213 Publication of redacted copy ... 1.217 Republication ... 1.221 Voluntary publication ... 1.221 Published application
Certified copies of ... 1.13 Contents ... 1.215 Definition ... 1.9 Records of, open to public ... 1.11, 1.12 Republication of ... 1.221 Third party submission in ... 1.99 R
Reasons for allowance ... 1.104 Reconsideration of Office action ... 1.112 Reconstruction of lost files ... 1.251 Recording of assignments. (See Assignments and recording.) Records of the Patent and Trademark Office ... 1.11-1.15 Reexamination:
Announcement in O.G. ... 1.11(c) Correction of inventorship ... 1.530 Correspondence address ... 1.33(c) Ex parte proceedings:
Amendments, manner of making ... 1.121(j), 1.530 Appeal to Board ... 41.31 Appeal to C.A.F.C. ... 1.301 Civil action under 35 U.S.C. 145 ... 1.303 Concurrent with interference, reissue, other reexamination, litigation, or office proceeding(s) ... 1.565 Conduct of. ... 1.550 Duty of disclosure in ... 1.555 Examiner's determination to grant or refuse request for ... 1.515 Extensions of time in ... 1.550(c) Initiated by the Director ... 1.520 Interviews in ... 1.560 Issuance of certificate at conclusion of ... 1.570 Order for reexamination by examiner ... 1.525 Patent owner's statement ... 1.530, 1.540 Processing of prior art citations during ... 1.502 Reply to patent owner's statement to third party requester ... 1.535, 1.540 Request for ... 1.510 Scope of ... 1.552 Service of papers ... 1.248 Examiner's action. ... 1.104 Fee ... 1.20(c) Fees may be charged to deposit account ... 1.25 Identification in letter ... 1.5(d) Inter partes proceedings ... 1.902-1.997
Amendments, manner of making ... 1.121(j), 1.530, 1.941 Appeal to Board ... 41.61 Appeal to C.A.F.C. ... 1.983 Civil action under 35 U.S.C. 145 not available ... 1.303(d) Concurrent with interference, reissue, other reexamination, litigation, or office proceeding(s) ... 1.565, 1.985 Conduct of. ... 1.937 Duty of disclosure in ... 1.555, 1.923 Examiner's determination to grant or refuse request for ... 1.923-1.927 Extensions of time in ... 1.956 Filing date of request for ... 1.919 Issuance of certificate at conclusion of ... 1.997 Merged with concurrent reexamination proceedings ... 1.989 Merged with reissue application ... 1.991 Notice of, in the Official Gazette ... 1.904 Persons eligible to file request for ... 1.903 Processing of prior art citations during ... 1.902 Scope of ... 1.906 Service of papers ... 1.248, 1.903 Submission of papers by the public ... 1.905 Subsequent requests for ... 1.907 Suspension due to concurrent interference ... 1.993 Suspension due to litigation ... 1.987
Information Disclosure Statements ... 1.98, 1.555 Open to public ... 1.11(d) Reconsideration before final action ... 1.112 Refund of fee ... 1.26 Reply to action ... 1.111 Revival of terminated proceeding ... 1.137 Reference characters in drawings ... 1.74, 1.84(p) References cited on examination ... 1.104 Refund of money paid by mistake ... 1.26
International applications ... 1.446 Later establishment of small entity status ... 1.28 Time period for requesting ... 1.26 Register of Government interest in patents ... 3.58 Rehearing:
On appeal to Board ... 41.52 Request for, time for appeal after action on ... 1.304 Reissues:
Amendments ... 1.173 Applicants, assignees ... 1.172 Application for reissue ... 1.171 Application made and sworn to by inventor, if living ... 1.172 Continuing duty of applicant ... 1.178 Declaration ... 1.175 Drawings ... 1.173 Examination of reissue ... 1.176 Filed during ex parte reexamination ... 1.565 Filed during inter partes reexamination ... 1.985 Filing fee ... 1.16 Filing of announcement in Official Gazette ... 1.11 Grounds for and requirements ... 1.171-1.178 Issue fee ... 1.18(a) Multiple applications for reissue of a single patent ... 1.177 Oath ... 1.175 Open to public ... 1.11 Original patent surrendered ... 1.178 Restriction ... 1.176 Specification ... 1.173 Take precedence in order of examination ... 1.176 To contain no new matter ... 1.173 What must accompany application ... 1.171, 1.172 Rejection:
After two rejections appeal may be taken from examiner to Board ... 41.31 Applicant will be notified of rejection with reasons and references ... 1.104 Based on commonly owned prior art, how overcome ... 1.130 Examiner may rely on admissions by applicant or patent owner, or facts within examiner's knowledge ... 1.104 Final ... 1.113 Formal objections ... 1.104 On account of invention shown by others but not claimed, how overcome ... 1.131 References will be cited. ... 1.104 Requisites of notice of ... 1.104 Reply brief ... 41.41 Reply to Office action:
Abandonment for failure to ... 1.135 By applicant or patent owner ... 1.111 Substantially complete ... 1.135 Supplemental ... 1.111 Time for ... 1.134 Representative capacity ... 1.34(a) Request for continued examination ... 1.114
Fee ... 1.17 Suspension of action after ... 1.103 Request for reconsideration ... 1.112 Request for ex parte reexamination ... 1.510 Request for inter partes reexamination ... 1.913-1.927 Requirement for submission of information ... 1.105 Reservation clauses not permitted ... 1.79 Restriction of application. ... 1.141-1.146, 1.176
Claims to nonelected invention withdrawn ... 1.142 Constructive election ... 1.145 Petition from requirements for ... 1.129, 1.144 Provisional election ... 1.143 Reconsideration of requirement ... 1.143 Requirement for ... 1.142 Subsequent presentation of claims for different invention ... 1.145 Retention fee ... 1.21(l), 1.53(f) Return of correspondence ... 1.5(a) Revival of abandoned application, terminated reexamination proceeding, or lapsed patent ... 1.137
Unavoidable abandonment fee ... 1.17(l) Unintentional abandonment fee ... 1.17(m) Revocation of power of attorney or authorization of agent ... 1.36(a) Rules of Practice:
Amendments to rules will be published ... 1.351 S
Saturday, when last day falls on ... 1.7 Sequences:
Amendments to sequence listing and computer readable copy ... 1.825 Disclosure requirements ... 1.821, 1.823 Sequence data, symbols and format ... 1.822 Submissions in computer readable form ... 1.824 Submissions on compact disc in lieu of paper ... 1.52, 1.821, 1.823 Serial number of application ... 1.5 Service of notices:
In interference cases ... 41.106 Of appeal to the U.S. Court of Appeals for the Federal Circuit ... 1.301 Service of papers ... 1.248 Service of process ... 15 CFR Part 15 Shortened period for reply ... 1.134 Signature:
EFS character coded ... 1.4(d)(3) Handwritten ... 1.4(d)(1) Implicit certifications ... 1.4(d), 10.18 S-signature ... 1.4(d)(2)
To a written assertion of small entity status ... 1.27(c)(2) To amendments and other papers ... 1.33(b) To an application for extension of patent term ... 1.730
To express abandonment ... 1.138 To oath ... 1.63 To reissue oath or declaration ... 1.172 When copy is acceptable ... 1.4 Small business concern:
Definition ... 1.27 Small entity status ... 1.27 Small entity:
Definition ... 1.27 Errors in status excused ... 1.28 Fraud on the office ... 1.27 License to Federal agency ... 1.27 Statement ... 1.27 Statement in parent application ... 1.27 Status establishment ... 1.27, 1.28 Solicitor's address ... 1.1(a)(3), 1.302(c) Species of invention claimed ... 1.141, 1.146 Specification (See also Application for patent, Claims):
Abstract ... 1.72 Amendments to ... 1.121, 1.125 Arrangement of ... 1.77, 1.154, 1.163 Best mode ... 1.71 Claim ... 1.75 Commence on separate sheet ... 1.71(f) Copyright notice ... 1.71(d) Cross-references to other applications ... 1.78 Description of the invention ... 1.71 If defective, reissue to correct ... 1.171-1.178 Mask work notice ... 1.71(d) Must conclude with specific and distinct claim ... 1.75 Must point out new improvements specifically ... 1.71 Must refer by figures to drawings ... 1.74 Must set forth the precise invention ... 1.71 Object of the invention ... 1.73 Order of arrangement in framing ... 1.77 Paper, writing, margins ... 1.52 Paragraph numbering ... 1.52 Part of complete application ... 1.51 Reference to drawings ... 1.74 Reservation clauses not permitted ... 1.79 Separate from other parts of application ... 1.71(f) Substitute ... 1.125 Summary of the invention ... 1.73 Title of the invention ... 1.72 To be rewritten, if necessary ... 1.125 Specimens. (See Models and exhibits.) Specimens of composition of matter to be furnished when required ... 1.93 Specimens of plants ... 1.166 Statement of status as small entity ... 1.27 Status information ... 1.14 Statutory disclaimer fee ... 1.20(d) Statutory invention registrations ... 1.293
Examination. ... 1.294 Publication of ... 1.297 Review of decision finally refusing to publish ... 1.295 Withdrawal of request for publication of ... 1.296 Submission of international publication or English translation thereof pursuant to 35 U.S.C. 154(d)(4) ... 1.417 Sufficient funds in deposit account ... 1.25 Suit in equity. (See Civil action.) Summary of invention ... 1.73 Sunday, when last day falls on ... 1.7 Supervisory authority, petition to Director to exercise ... 1.181 Supplemental oath /declaration ... 1.67 Surcharge for oath or basic filing fee filed after filing date ... 1.16(f), 1.53(f) Suspension of action ... 1.103 Suspension of rules ... 1.183 Symbols for drawings ... 1.84(n) Symbols for nucleotide and/or amino acid sequence data ... 1.822 T
Tables in patent applications ... 1.58 Terminal disclaimer ... 1.321 Testimony by Office employees ... 15 CFR Part 15a Testimony in contested cases before the Board ... 41.156-41.158
Compelling testimony and production ... 41.156 Expert testimony ... 41.158 Taking testimony ... 41.157 Third party submission in published application ... 1.99 Time expiring on Saturday, Sunday, or holiday ... 1.7 Time for claiming benefit of prior (domestic) application ... 1.78 Time for claiming foreign priority ... 1.55 Time for filing preliminary amendment to ensure entry thereof ... 1.115 Time for payment of issue fee ... 1.311 Time for payment of publication fee ... 1.311 Time for reply by applicant ... 1.134, 1.135, 1.136 Time for reply to Office action ... 1.134, 1.136 Time for requesting a refund ... 1.26 Time, periods of ... 1.7 Timely filing of correspondence ... 1.8, 1.10 Title of invention ... 1.72 Title reports, fee for ... 1.19(b) Transitional procedures ... 1.129 U
Unavoidable abandonment ... 1.137 Unintentional abandonment ... 1.137 United States as
Designated Office ... 1.414 Elected Office ... 1.414 International Preliminary Examining Authority ... 1.416 International Searching Authority ... 1.413 Receiving Office ... 1.412 Unlocatable files ... 1.251 Unsigned continuation or divisional application ... 1.53, 1.63 Use of file of pa |