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§ 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 PATENTS

A


Abandoned applications:


Abandonment by failure to reply

... 1.135


Abandonment during interference

... 1.662(a)


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)


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

... 1.1(a)


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)


Mail Stop Provisional Patent Application

... 1.1(f)


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.)


Administrator or executor, may make application and receive patent

... 1.42, 1.64


Admission to practice. (See Attorneys and agents.)


Affidavit (See also Oath in patent application):


After appeal

... 1.195


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


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

... 1.196


Amendment:


Adding or substituting claims

... 1.121


After appeal

... 1.116


After decision on appeal, based on new rejection of Board of Patent Appeals and Interferences

... 1.196


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

... 1.603


Copying claim of issued patent

... 1.606, 1.607


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

... 1.615


Provisional application

... 1.53(c)


Reexamination proceedings

... 1.121(j), 1.530, 1.941


Reissue

... 1.121(i), 1.173


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 accompany motion to amend interference

... 1.633


To applications in interference

... 1.633


To correct inaccuracies

... 1.121


To correspond to original drawing or specification

... 1.121


To preliminary statement in interference

... 1.628


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:


Action following decision

... 1.197


Affidavits after appeal

... 1.195


Brief

... 1.192


Clarification of the record

... 1.196


Decision by Board

... 1.196


Examiner's answer

... 1.193


Fees

... 1.17


Hearing of

... 1.194


New grounds for refusing a patent

... 1.196


Notice of appeal

... 1.191


Public inspection or publication of decisions

... 1.14


Rehearing

... 1.196, 1.197


Reinstatement of appeal

... 1.193


Rejection by Board

... 1.196


Reopening after decision

... 1.198


Reopening of prosecution after appeal

... 1.193


Reply brief

... 1.193


What may be appealed

... 1.191


Who may appeal

... 1.191


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 application, 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


Published

... 1.9, 1.215


Relating to atomic energy

... 1.14


Reservation for future application not permitted

... 1.79


Retention fee

... 1.53(f)


Secrecy order

... 5.1-5.5


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 interference

... 1.690


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 interference

... 1.643


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)


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


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


Associate

... 1.34


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 or authorization of agent

... 1.34


Power to inspect

... 1.14


Representative capacity

... 1.33, 1.34


Representing conflicting parties

... 1.613


Required to conduct business with decorum and courtesy

... 1.3


Revocation of power

... 1.36


Signature and certificate of attorney

... 1.4, 10.18


Withdrawal of

... 1.36, 1.613(d)


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:


At final hearing in interference

... 1.656


In petitions to Director

... 1.181


On appeal to Board

... 1.192


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 signature

... 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


Civil action

... 1.303, 1.304


Claims (See also Examination of applications):


Amendment of

... 1.121


Commence on separate sheet or electronic page

... 1.52(b)


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 or finally rejected before appeal

... 1.191


Color drawing

... 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


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

... 1.634


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 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 of inquiry

... 1.4


Signature requirement

... 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

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

... 1.196


Action following decision

... 1.197


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:


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


Published application

... 1.9


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 interferences):


Certificate of officer to accompany

... 1.676


Formalities to be observed in preparing

... 1.677


Person before whom taken

... 1.674


To be sealed up, addressed, and forwarded to the Office

... 1.676


When transcript must be filed

... 1.678


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(f)


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


Cases decided by Board reopened only by

... 1.198


Initiates ex parte reexamination

... 1.520


Disclaimer, statutory:


During interference

... 1.662(a)


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 interferences

... 1.672-1.679, 1.685, 1.687


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

... 1.84(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


Nucleic 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. (See Testimony in interferences.)


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

... 1.193


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


"Express Mail"

... 1.6, 1.10


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

... 1.645

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(h)


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


Petition fees

... 1.17, 1.181


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 fee part of complete application

... 1.51


Filing fees

... 1.16


Filing in Post Office

... 1.10


Filing of interference settlement agreements

... 1.666


Final rejection:


Appeal from

... 1.191


Response to

... 1.113, 1.116


When and how given

... 1.113


First Class Mail (includes Priority Mail and Express Mail)

... 1.8


Foreign application

... 1.55


License to file

... 5.11-5.25


Foreign country:


Taking oath in

... 1.66


Taking testimony in

... 1.671


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


Foreign patent rights acquired by government

... 101.1-101.11


Licensing

... 102.1-102.6


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

... 1.194


Fee for appeal hearing

... 1.17


In disciplinary proceedings

... 10.144


Of motions in interferences

... 1.640


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)


Information disclosure statement:


At time of filing application

... 1.51


Content of

... 1.98


Electronic filing of

... 1.98(e)


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 (See also Depositions, Motions in interferences, Notice, Preliminary statement in interferences, Testimony in interferences):


Abandonment of the contest

... 1.662


Access to applications

... 1.612


Access to preliminary statement

... 1.631


Action by examiner after interference

... 1.664


Action if statutory bar appears

... 1.641, 1.659


Addition of new party by administrative patent judge.

... 1.642


Amendment during

... 1.615, 1.633, 1.634, 1.637


Appeal to the Court of Appeals for the Federal Circuit.

... 1.301, 1.302


Applicant requests

... 1.604


Arbitration

... 1.690


Briefs at final hearing

... 1.656


Burden of proof

... 1.657


Civil action

... 1.303


Claims copied from patent

... 1.606, 1.607


Claims of defeated parties stand finally disposed of

... 1.633


Concession of priority

... 1.662


Conflicting parties having same attorney

... 1.613


Copying claims from patent

... 1.606, 1.607


Correspondence

... 1.5(e)


Declaration of interference

... 1.611


Definition

... 1.601


Disclaimer to avoid interference

... 1.662(a)


Discovery

... 1.671


Dissolution of

... 1.633


Dissolution on motion of judge

... 1.641


Extension of time

... 1.645


Failure of junior party to take testimony

... 1.652


Failure to prepare for

... 1.603-1.606


Final decision

... 1.658


Final hearing

... 1.654


Final hearing briefs

... 1.656


Identifying claim from patent

... 1.607(a)(3), 1.637(e)(1)(vi)


In what cases declared

... 1.601, 1.602


Inspection of cases of opposing parties

... 1.612


Interference with a patent

... 1.606-1.608


Junior party fails to overcome filing date of senior party

... 1.640


Jurisdiction of interference

... 1.614


Manner of service of papers

... 1.646


Matters considered in rendering final decision

... 1.655


Motions

... 1.633-1.638


NAFTA Country

... 1.601(r)


Nonpatentability argued at final hearing

... 1.655


Notice and access to applications of opposing parties

... 1.612


Notice of intent to argue abandonment

... 1.632


Notice of reexamination, reissue, protest, or litigation

... 1.660


Notice to file civil action

... 1.303


Notices and statements

... 1.611


Order to show cause, judgment on the record

... 1.640


Ownership of applications or patents involved

... 1.602


Petitions

... 1.644


Preliminary statement

... 1.621-1.631


Preparation for

... 1.603-1.608


Presumption as to order of invention

... 1.657


Prosecution by assignee

... 1.643


Recommendation by Board of Patent Appeals and Interferences

... 1.659


Records and exhibits

... 1.653


Records of, when open to public

... 1.11


Reissue filed by patentee during

... 1.662


Requests by applicants

... 1.604


Requests for findings of fact and conclusions of law

... 1.656


Return of unauthorized papers

... 1.618


Review of decision by civil action

... 1.303


Same party

... 1.602


Sanctions for failure to comply with rules of order

... 1.616


Sanctions for taking and maintaining a frivolous position

... 1.616


Second interference between same parties

... 1.665


Secrecy order cases

... 5.3(b)


Service of papers

... 1.646


Status of claims of defeated applicant after interference

... 1.663


Statutory disclaimer by patentee during

... 1.662


Suggestion of claims for interference

... 1.605


Summary judgment

... 1.617


Suspension of ex parte prosecution

... 1.615


Termination of interference

... 1.661


Testimony copies

... 1.653


Time period for completion

... 1.610


Times for discovery and taking testimony

... 1.651


Translation of document in foreign language

... 1.647


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


Of contested case

... 1.614

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 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

... 1.1(a)


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)


Mail Stop Provisional Patent Application

... 1.1(f)


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(s)


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


Misjoinder of inventor

... 1.48, 1.324, 1.497


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


If not claimed within reasonable time, may be disposed of by Director

... 1.94


If on examination model found necessary request therefor will be made

... 1.91


In contested cases

... 1.676


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 interference

... 1.633-1.637


To take testimony in foreign country

... 1.671

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 interference

... 1.611


Of oral hearings before the Board of Patent Appeals and Interferences

... 1.194


Of rejection of an application

... 1.104


Of taking testimony

... 1.673


To conflicting parties with same attorney or agent

... 1.613


To parties in interference cases

... 1.611


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):


Apostilles

... 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


Service of notices in

... 1.646


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


Entry

... 1.491, 1.495


Examination

... 1.496


Fees

... 1.25(b); 1.492


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

... 1.487, 1.488


National stage

... 1.475, 1.499


Protest to lack of

... 1.477, 1.489


Patent policy, government

... 100.1-100.11


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).)


Patentee notified of interference

... 1.602


Patents (See also Allowance and issue of patent):


Available for license or sale, publication of notice

... 1.21(i)


Certified copies of

... 1.13


Copying claims of

... 1.606, 1.607


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

... 1.171-1.179


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

... 1.644


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(g)


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

... 1.6(e)


Power of attorney. (See Attorneys or agents.)


Power to inspect

... 1.14(c)


Preliminary amendments

... 1.115


Preliminary Examining Authority, International

... 1.416


Preliminary statement in interferences:


Access to

... 1.631


Contents to

... 1.622-1.627


Contents of, invention made in other than United States, a NAFTA country, or a WTO member country

... 1.624


Correction of statement on motion

... 1.628


Effect of statement

... 1.629


Failure to file

... 1.639, 1.640


In case of motion to amend interference

... 1.633


May be amended if defective

... 1.628


Reliance on prior application

... 1.626, 1.630


Requirement for

... 1.621


Sealed before filing.

... 1.627


Service on opposing parties

... 1.621


Subsequent testimony alleging prior dates excluded

... 1.629


When opened to inspection

... 1.631


Preserved in confidence, applications

... 1.12, 1.14


Exceptions (status, access or copies available)

... 1.14


Printing testimony

... 1.653


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 a pplication(s)

... 1.76-1.78


Filing fee must be paid in provisional a pplication

... 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


Translation

... 1.55, 1.647


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


Exemptions

... 102.33, 102.34


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 patent 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(k)


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


Access to

... 1.11, 1.14


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

... 1.191


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

... 1.959-1.981


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

... 1.197


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 interference

... 1.662(b)


Filed during ex parte reexamination

... 1.565


Filed during inter partes rexamination

... 1.985


Filing fee

... 1.16


Filing of announcement in Official Gazette

... 1.11


Grounds for and requirements

... 1.171-1.179


Issue fee

... 1.18(a)


Loss of original patent

... 1.178


Multiple applications for reissue of a single patent

... 1.177


Notice of reissue application

... 1.179


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


When in interference

... 1.660


Rejection:


After two rejections appeal may be taken from examiner to Board

... 1.191


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

... 1.193


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


Rules of Practice:


Amendments to rules will be published

... 1.351

S


Saturday, when last day falls on

... 1.7


Secrecy order

... 5.1-5.5


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:


For taking testimony

... 1.673


In interference cases

... 1.611


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:


Implicit certifications

... 1.4(d), 10.18


Of attorney or agent

... 10.18


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


Status update

... 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)


Contents of

... 1.71-1.75


Copyright notice

... 1.71(d)


Cross-references to other applications

... 1.78


Description of the invention

... 1.71


If defective, reissue to correct

... 1.171-1.179


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


Requirements of

... 1.71-1.75


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(e), 1.53(f)


Suspension of action

... 1.103


Suspension of ex parte prosecution during interference

... 1.615


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 interferences:


Additional time for taking

... 1.645


Assignment of times for taking

... 1.651


Certification and filing by officer

... 1.676


Copies of

... 1.653


Depositions must be filed

... 1.678


Discovery

... 1.687


Effect of errors and irregularities in deposition

... 1.685


Evidence must comply with rules

... 1.671


Examination of witnesses

... 1.675


Failure to take

... 1.652


Form of deposition

... 1.677


Formal objections to

... 1.685


Formalities in preparing depositions

... 1.674-1.677


In foreign countries

... 1.671


Inspection of testimony

... 1.679


Manner of taking testimony of witnesses

... 1.672


Motion to extend time for taking

... 1.645


Not considered if not taken and filed in compliance with rules

... 1.671


Notice of examination of witnesses

... 1.673


Notice of intent to use records

... 1.671(e)


Objections noted in depositions

... 1.675


Objections to formal matters

... 1.685


Officer's certificate

... 1.676


Persons before whom depositions may be taken

... 1.674


Printing of

... 1.653


Service of notice

... 1.673


Stipulations or agreements concerning

... 1.672


Taken by depositions

... 1.672


Time for taking

... 1.651


To be inspected by parties to the case only

... 1.679


Weight of deposition testimony taken in a foreign country

... 1.671(j)


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 parent application

... 1.53(d)

W


Waiver of confidentiality

... 1.53(d)(6)


Withdrawal from issue

... 1.313


Withdrawal of attorney or agent

... 1.36


Withdrawal of request for statutory invention registration

... 1.296


PRACTICE BEFORE THE PATENT AND TRADEMARK OFFICE

REPRESENTATION OF OTHERS BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE

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