Code of Federal Regulations (alpha)

CFR /  Title 37  /  Part 1: Rules Of Practice In Patent Cases

Section No. Description
Section 1.1 Business to be transacted in writing
Section 1.2 Business to be conducted with decorum and courtesy
Section 1.3 Nature of correspondence and signature requirements
Section 1.4 Identification of patent, patent application, or patent-related proceeding
Section 1.5 Receipt of correspondence
Section 1.6 Times for taking action; Expiration on Saturday, Sunday or Federal holiday
Section 1.7 Certificate of mailing or transmission
Section 1.8 Definitions
Section 1.9 Filing of correspondence by Priority Mail Express
Section 1.10 Files open to the public
Section 1.11 Assignment records open to public inspection
Section 1.12 Copies and certified copies
Section 1.13 Patent applications preserved in confidence
Section 1.14 National application filing, search, and examination fees
Section 1.16 Patent application and reexamination processing fees
Section 1.17 Patent post allowance (including issue) fees
Section 1.18 Document supply fees
Section 1.19 Post issuance fees
Section 1.20 Miscellaneous fees and charges
Section 1.21 Fees payable in advance
Section 1.22 Methods of payment
Section 1.23 Deposit accounts
Section 1.25 Refunds
Section 1.26 Definition of small entities and establishing status as a small entity to permit payment of small entity fees; when a
Section 1.27 Refunds when small entity status is later established; how errors in small entity status are excused
Section 1.28 Micro entity status
Section 1.29 Applicant may be represented by one or more patent practitioners or joint inventors
Section 1.31 Power of attorney
Section 1.32 Correspondence respecting patent applications, patent reexamination proceedings, and other proceedings
Section 1.33 Acting in a representative capacity
Section 1.34 Revocation of power of attorney; withdrawal of patent attorney or agent
Section 1.36 Inventorship
Section 1.41 Applicant for patent
Section 1.42 Application for patent by a legal representative of a deceased or legally incapacitated inventor
Section 1.43 Application for patent by joint inventors
Section 1.45 Application for patent by an assignee, obligated assignee, or a person who otherwise shows sufficient
Section 1.46 Correction of inventorship pursuant to 35 U
Section 1.48 General requisites of an application
Section 1.51 Language, paper, writing, margins, compact disc specifications
Section 1.52 Application number, filing date, and completion of application
Section 1.53 Parts of application to be filed together; filing receipt
Section 1.54 Claim for foreign priority
Section 1.55 Duty to disclose information material to patentability
Section 1.56 Incorporation by reference
Section 1.57 Chemical and mathematical formulae and tables
Section 1.58 Expungement of information or copy of papers in application file
Section 1.59 Inventor's oath or declaration
Section 1.63 Substitute statement in lieu of an oath or declaration
Section 1.64 Statements under oath
Section 1.66 Supplemental oath or declaration
Section 1.67 Declaration in lieu of oath
Section 1.68 Foreign language oaths and declarations
Section 1.69 Detailed description and specification of the invention
Section 1.71 Title and abstract
Section 1.72 Summary of the invention
Section 1.73 Reference to drawings
Section 1.74 Claim(s)
Section 1.75 Application data sheet
Section 1.76 Arrangement of application elements
Section 1.77 Claiming benefit of earlier filing date and cross-references to other applications
Section 1.78 Reservation clauses not permitted
Section 1.79 Drawings required in patent application
Section 1.81 Content of drawing
Section 1.83 Standards for drawings
Section 1.84 Corrections to drawings
Section 1.85 Models or exhibits not generally admitted as part of application or patent
Section 1.91 Specimens
Section 1.93 Return of models, exhibits or specimens
Section 1.94 Copies of exhibits
Section 1.95 Submission of computer program listings
Section 1.96 Filing of information disclosure statement
Section 1.97 Content of information disclosure statement
Section 1.98 Advancement of examination
Section 1.102 Suspension of action by the Office
Section 1.103 Nature of examination
Section 1.104 Requirements for information
Section 1.105 Effective filing date of a claimed invention under the Leahy-Smith America Invents Act
Section 1.109 Inventorship and ownership of the subject matter of individual claims
Section 1.110 Reply by applicant or patent owner to a non-final Office action
Section 1.111 Reconsideration before final action
Section 1.112 Final rejection or action
Section 1.113 Request for continued examination
Section 1.114 Preliminary amendments
Section 1.115 Amendments and affidavits or other evidence after final action and prior to appeal
Section 1.116 Manner of making amendments in applications
Section 1.121 Substitute specification
Section 1.125 Numbering of claims
Section 1.126 Petition from refusal to admit amendment
Section 1.127 Transitional procedures for limited examination after final rejection and restriction practice
Section 1.129 Affidavit or declaration of attribution or prior public disclosure under the Leahy-Smith America Invents Act
Section 1.130 Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as
Section 1.131 Affidavits or declarations traversing rejections or objections
Section 1.132 Interviews
Section 1.133 Time period for reply to an Office action
Section 1.134 Abandonment for failure to reply within time period
Section 1.135 Extensions of time
Section 1.136 Revival of abandoned application, or terminated or limited reexamination prosecution
Section 1.137 Express abandonment
Section 1.138 Different inventions in one national application
Section 1.141 Requirement for restriction
Section 1.142 Reconsideration of requirement
Section 1.143 Petition from requirement for restriction
Section 1.144 Subsequent presentation of claims for different invention
Section 1.145 Election of species
Section 1.146 Rules applicable
Section 1.151 Design drawings
Section 1.152 Title, description and claim, oath or declaration
Section 1.153 Arrangement of application elements in a design application
Section 1.154 Expedited examination of design applications
Section 1.155 Rules applicable
Section 1.161 Applicant, oath or declaration
Section 1.162 Specification and arrangement of application elements in a plant application
Section 1.163 Claim
Section 1.164 Plant drawings
Section 1.165 Specimens
Section 1.166 Examination
Section 1.167 Application for reissue
Section 1.171 Reissue applicant
Section 1.172 Reissue specification, drawings, and amendments
Section 1.173 Inventor's oath or declaration for a reissue application
Section 1.175 Examination of reissue
Section 1.176 Issuance of multiple reissue patents
Section 1.177 Original patent; continuing duty of applicant
Section 1.178 Petition to the Director
Section 1.181 Questions not specifically provided for
Section 1.182 Suspension of rules
Section 1.183 Appeal to Patent Trial and Appeal Board
Section 1.191 Termination of proceedings
Section 1.197 Reopening after a final decision of the Patent Trial and Appeal Board
Section 1.198 Publication of applications
Section 1.211 Nonpublication request
Section 1.213 Patent application publication
Section 1.215 Publication of a redacted copy of an application
Section 1.217 Early publication
Section 1.219 Voluntary publication or republication of patent application publication
Section 1.221 Service of papers; manner of service; proof of service in cases other than interferences and trials
Section 1.248 Unlocatable file
Section 1.251 Submissions by third parties in applications
Section 1.290 Protests by the public against pending applications
Section 1.291 Notice of allowance
Section 1.311 Amendments after allowance
Section 1.312 Withdrawal from issue
Section 1.313 Issuance of patent
Section 1.314 Delivery of patent
Section 1.315 Application abandoned for failure to pay issue fee
Section 1.316 Statutory disclaimers, including terminal disclaimers
Section 1.321 Certificate of correction of Office mistake
Section 1.322 Certificate of correction of applicant's mistake
Section 1.323 Correction of inventorship in patent, pursuant to 35 U
Section 1.324 Other mistakes not corrected
Section 1.325 Filing of notice of arbitration awards
Section 1.335 Amendments to rules will be published
Section 1.351 Time for payment of maintenance fees
Section 1.362 Fee address for maintenance fee purposes
Section 1.363 Submission of maintenance fees
Section 1.366 Review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of patent
Section 1.377 Acceptance of delayed payment of maintenance fee in expired patent to reinstate patent
Section 1.378 Definitions of terms under the Patent Cooperation Treaty
Section 1.401 The United States Receiving Office
Section 1.412 The United States International Searching Authority
Section 1.413 The United States Patent and Trademark Office as a Designated Office or Elected Office
Section 1.414 The International Bureau
Section 1.415 The United States International Preliminary Examining Authority
Section 1.416 Submission of translation of international publication
Section 1.417 Display of currently valid control number under the Paperwork Reduction Act
Section 1.419 Applicant for international application
Section 1.421 Legal representative as applicant in an international application
Section 1.422 Assignee, obligated assignee, or person having sufficient proprietary interest as applicant in an
Section 1.424 International application requirements
Section 1.431 Designation of States by filing an international application
Section 1.432 Physical requirements of international application
Section 1.433 The request
Section 1.434 The description
Section 1.435 The claims
Section 1.436 The drawings
Section 1.437 The abstract
Section 1.438 International application filing, processing and search fees
Section 1.445 Refund of international application filing and processing fees
Section 1.446 The priority claim and priority document in an international application
Section 1.451 Restoration of right of priority
Section 1.452 Representation in international applications
Section 1.455 Procedures for transmittal of record copy to the International Bureau
Section 1.461 Timing of application processing based on the priority date
Section 1.465 Delays in meeting time limits
Section 1.468 Corrections and amendments during international processing
Section 1.471 Changes in person, name, or address of applicants and inventors
Section 1.472 Unity of invention before the International Searching Authority, the International Preliminary Examining Authority and
Section 1.475 Determination of unity of invention before the International Searching Authority
Section 1.476 Protest to lack of unity of invention before the International Searching Authority
Section 1.477 Demand for international preliminary examination
Section 1.480 Payment of international preliminary examination fees
Section 1.481 International preliminary examination fees
Section 1.482 Conduct of international preliminary examination
Section 1.484 Amendments by applicant during international preliminary examination
Section 1.485 Determination of unity of invention before the International Preliminary Examining Authority
Section 1.488 Protest to lack of unity of invention before the International Preliminary Examining Authority
Section 1.489 National stage commencement, entry, and fulfillment
Section 1.491 National stage fees
Section 1.492 Entering the national stage in the United States of America
Section 1.495 Examination of international applications in the national stage
Section 1.496 Inventor's oath or declaration under 35 U
Section 1.497 Unity of invention during the national stage
Section 1.499 Citation of prior art and written statements in patent files
Section 1.501 Processing of prior art citations during an ex parte reexamination proceeding
Section 1.502 Request for ex parte reexamination
Section 1.510 Determination of the request for ex parte reexamination
Section 1.515 Ex parte reexamination at the initiative of the Director
Section 1.520 Order for ex parte reexamination
Section 1.525 Statement by patent owner in ex parte reexamination; amendment by patent owner in ex parte or inter partes reexamination;
Section 1.530 Reply by third party requester in ex parte reexamination
Section 1.535 Consideration of responses in ex parte reexamination
Section 1.540 Conduct of ex parte reexamination proceedings
Section 1.550 Scope of reexamination in ex parte reexamination proceedings
Section 1.552 Information material to patentability in ex parte reexamination and inter partes reexamination proceedings
Section 1.555 Interviews in ex parte reexamination proceedings
Section 1.560 Concurrent office proceedings which include an ex parte reexamination proceeding
Section 1.565 Issuance and publication of ex parte reexamination certificate concludes ex parte reexamination proceeding
Section 1.570 Filing of papers in supplemental examination
Section 1.601 Items of information
Section 1.605 Content of request for supplemental examination
Section 1.610 Format of papers filed in a supplemental examination proceeding
Section 1.615 Conduct of supplemental examination proceeding
Section 1.620 Conclusion of supplemental examination; publication of supplemental examination certificate; procedure after conclusion
Section 1.625 Extension of patent term due to examination delay under the Uruguay Round Agreements Act (original applications,
Section 1.701 Grounds for adjustment of patent term due to examination delay under the Patent Term Guarantee Act of 1999 (original
Section 1.702 Period of adjustment of patent term due to examination delay
Section 1.703 Reduction of period of adjustment of patent term
Section 1.704 Patent term adjustment determination
Section 1.705 Patents subject to extension of the patent term
Section 1.710 Conditions for extension of patent term
Section 1.720 Applicant for extension of patent term; signature requirements
Section 1.730 Formal requirements for application for extension of patent term; correction of informalities
Section 1.740 Complete application given a filing date; petition procedure
Section 1.741 Determination of eligibility for extension of patent term
Section 1.750 Interim extension of patent term under 35 U
Section 1.760 Duty of disclosure in patent term extension proceedings
Section 1.765 Express withdrawal of application for extension of patent term
Section 1.770 Calculation of patent term extension for a human drug, antibiotic drug or human biological product
Section 1.775 Calculation of patent term extension for a food additive or color additive
Section 1.776 Calculation of patent term extension for a medical device
Section 1.777 Calculation of patent term extension for an animal drug product
Section 1.778 Calculation of patent term extension for a veterinary biological product
Section 1.779 Certificate or order of extension of patent term
Section 1.780 Multiple applications for extension of term of the same patent or of different patents for the same regulatory
Section 1.785 Interim extension of patent term under 35 U
Section 1.790 Termination of interim extension granted prior to regulatory approval of a product for commercial marketing or use
Section 1.791 Biological material
Section 1.801 Need or opportunity to make a deposit
Section 1.802 Acceptable depository
Section 1.803 Time of making an original deposit
Section 1.804 Replacement or supplement of deposit
Section 1.805 Term of deposit
Section 1.806 Viability of deposit
Section 1.807 Furnishing of samples
Section 1.808 Examination procedures
Section 1.809 Nucleotide and/or amino acid sequence disclosures in patent applications
Section 1.821 Symbols and format to be used for nucleotide and/or amino acid sequence data
Section 1.822 Requirements for nucleotide and/or amino acid sequences as part of the application
Section 1.823 Form and format for nucleotide and/or amino acid sequence submissions in computer readable form
Section 1.824 Amendments to or replacement of sequence listing and computer readable copy thereof
Section 1.825 Processing of prior art citations during an inter partes reexamination proceeding
Section 1.902 Service of papers on parties in inter partes reexamination
Section 1.903 Notice of inter partes reexamination in Official Gazette
Section 1.904 Submission of papers by the public in inter partes reexamination
Section 1.905 Scope of reexamination in inter partes reexamination proceeding
Section 1.906 Inter partes reexamination prohibited
Section 1.907 Persons eligible to file, and time for filing, a request for inter partes reexamination
Section 1.913 Content of request for inter partes reexamination
Section 1.915 Filing date of request for inter partes reexamination
Section 1.919 Examiner's determination on the request for inter partes reexamination
Section 1.923 Partial refund if request for inter partes reexamination is not ordered
Section 1.925 Petition to review refusal to order inter partes reexamination
Section 1.927 Order for inter partes reexamination
Section 1.931 Patent owner duty of disclosure in inter partes reexamination proceedings
Section 1.933 Initial Office action usually accompanies order for inter partes reexamination
Section 1.935 Conduct of inter partes reexamination
Section 1.937 Unauthorized papers in inter partes reexamination
Section 1.939 Amendments by patent owner in inter partes reexamination
Section 1.941 Requirements of responses, written comments, and briefs in inter partes reexamination
Section 1.943 Response to Office action by patent owner in inter partes reexamination
Section 1.945 Comments by third party requester to patent owner's response in inter partes reexamination
Section 1.947 Limitations on submission of prior art by third party requester following the order for inter partes reexamination
Section 1.948 Examiner's Office action closing prosecution in inter partes reexamination
Section 1.949 Options after Office action closing prosecution in inter partes reexamination
Section 1.951 Examiner's Right of Appeal Notice in inter partes reexamination
Section 1.953 Interviews prohibited in inter partes reexamination proceedings
Section 1.955 Patent owner extensions of time in inter partes reexamination
Section 1.956 Failure to file a timely, appropriate or complete response or comment in inter partes reexamination
Section 1.957 Petition to revive inter partes reexamination prosecution terminated for lack of patent owner response
Section 1.958 Appeal in inter partes reexamination
Section 1.959 Return of Jurisdiction from the Patent Trial and Appeal Board; termination of appeal proceedings
Section 1.979 Reopening after a final decision of the Patent Trial and Appeal Board
Section 1.981 Appeal to the United States Court of Appeals for the Federal Circuit in inter partes reexamination
Section 1.983 Notification of prior or concurrent proceedings in inter partes reexamination
Section 1.985 Suspension of inter partes reexamination proceeding due to litigation
Section 1.987 Merger of concurrent reexamination proceedings
Section 1.989 Merger of concurrent reissue application and inter partes reexamination proceeding
Section 1.991 Suspension of concurrent interference and inter partes reexamination proceeding
Section 1.993 Third party requester's participation rights preserved in merged proceeding
Section 1.995 Issuance and publication of inter partes reexamination certificate concludes inter partes reexamination proceeding
Section 1.997 Definitions related to international design applications
Section 1.1001 The United States Patent and Trademark Office as an office of indirect filing
Section 1.1002 The United States Patent and Trademark Office as a designated office
Section 1.1003 The International Bureau
Section 1.1004 Display of currently valid control number under the Paperwork Reduction Act
Section 1.1005 Applicant for international design application
Section 1.1011 Applicant's Contracting Party
Section 1.1012 Contents of the international design application
Section 1.1021 Form and signature
Section 1.1022 Filing date of an international design application in the United States
Section 1.1023 The description
Section 1.1024 The claim
Section 1.1025 Reproductions
Section 1.1026 Specimens
Section 1.1027 Deferment of publication
Section 1.1028 International design application fees
Section 1.1031 Representation in an international design application
Section 1.1041 Correspondence respecting international design applications filed with the Office as an office of indirect filing
Section 1.1042 Procedures for transmittal of international design application to the International Bureau
Section 1.1045 Relief from prescribed time limits
Section 1.1051 Conversion to a design application under 35 U
Section 1.1052 Rules applicable
Section 1.1061 Examination
Section 1.1062 Notification of refusal
Section 1.1063 One independent and distinct design
Section 1.1064 Corrections and other changes in the International Register
Section 1.1065 Correspondence address for a nonprovisional international design application
Section 1.1066 Title, description, and inventor's oath or declaration
Section 1.1067 Statement of grant of protection
Section 1.1068 Notification of Invalidation
Section 1.1070 Grant of protection for an industrial design only upon issuance of a patent
Section 1.1071 Definitions