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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 37 - Patents, Trademarks, and Copyrights |
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Chapter I - United States Patent and Trademark Office, Department of Commerce |
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SubChapter A - General |
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Part 1 - Rules of Practice in Patent Cases |
| Subpart A - General Provisions |
| General Information and Correspondence |
| § 1.1 - Addresses for non-trademark correspondence with the United States Patent and Trademark Office. |
| § 1.2 - Business to be transacted in writing. |
| § 1.3 - Business to be conducted with decorum and courtesy. |
| § 1.4 - Nature of correspondence and signature requirements. |
| § 1.5 - Identification of patent, patent application, or patent-related proceeding. |
| § 1.6 - Receipt of correspondence. |
| § 1.7 - Times for taking action; Expiration on Saturday, Sunday or Federal holiday. |
| § 1.8 - Certificate of mailing or transmission. |
| § 1.9 - Definitions. |
| § 1.10 - Filing of correspondence by Priority Mail Express®. |
| Records and Files of the Patent and Trademark Office |
| § 1.11 - Files open to the public. |
| § 1.12 - Assignment records open to public inspection. |
| § 1.13 - Copies and certified copies. |
| § 1.14 - Patent applications preserved in confidence. |
| § 1.15 - [Reserved] |
| Fees and Payment of Money |
| § 1.16 - National application filing, search, and examination fees. |
| § 1.17 - Patent application and reexamination processing fees. |
| § 1.18 - Patent post allowance (including issue) fees. |
| § 1.19 - Document supply fees. |
| § 1.20 - Post-issuance fees. |
| § 1.21 - Miscellaneous fees and charges. |
| § 1.22 - Fees payable in advance. |
| § 1.23 - Methods of payment. |
| § 1.24 - [Reserved] |
| § 1.25 - Deposit accounts. |
| § 1.26 - Refunds. |
| § 1.28 - Refunds when small entity status is later established; how errors in small entity status are excused. |
| § 1.29 - Micro entity status. |
| Subpart B - National Processing Provisions |
| Arbitration Awards |
| § 1.335 - Filing of notice of arbitration awards. |
| §§ 1.331--1.334 - [Reserved] |
| §§ 1.351--1.352 - [Reserved] |
| Petitions and Action by the Commissioner |
| Maintenance Fees |
| § 1.362 - Time for payment of maintenance fees. |
| § 1.363 - Fee address for maintenance fee purposes. |
| § 1.366 - Submission of maintenance fees. |
| § 1.377 - Review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of patent. |
| § 1.378 - Acceptance of delayed payment of maintenance fee in expired patent to reinstate patent. |
| Reissues |
| § 1.171 - Application for reissue. |
| § 1.172 - Reissue applicant. |
| § 1.173 - Reissue specification, drawings, and amendments. |
| § 1.174 - [Reserved] |
| § 1.175 - Inventor's oath or declaration for a reissue application. |
| § 1.176 - Examination of reissue. |
| § 1.177 - Issuance of multiple reissue patents. |
| § 1.178 - Original patent; continuing duty of applicant. |
| § 1.179 - [Reserved] |
| Who May Apply for a Patent |
| § 1.41 - Inventorship. |
| § 1.42 - Applicant for patent. |
| § 1.43 - Application for patent by a legal representative of a deceased or legally incapacitated inventor. |
| § 1.44 - [Reserved] |
| § 1.45 - Application for patent by joint inventors. |
| § 1.46 - Application for patent by an assignee, obligated assignee, or a person who otherwise shows sufficient proprietary interest in the matter. |
| § 1.47 - [Reserved] |
| § 1.48 - Correction of inventorship pursuant to 35 U.S.C. 116 or correction of the name or order of names in a patent application, other than a reissue application. |
| Review of Patent and Trademark Office Decisions by Court |
| § 1.301 - Appeal to U.S. Court of Appeals for the Federal Circuit. |
| § 1.302 - Notice of appeal. |
| § 1.303 - Civil action under 35 U.S.C. 145, 146, 306. |
| § 1.304 - Time for appeal or civil action. |
| §§ 1.301--1.304 - [Reserved] |
| Amendments |
| § 1.115 - Preliminary amendments. |
| § 1.116 - Amendments and affidavits or other evidence after final action and prior to appeal. |
| § 1.117 - [Reserved] |
| § 1.118 - Amendment of disclosure. |
| § 1.119 - Amendment of claims. |
| § 1.121 - Manner of making amendments in applications. |
| § 1.122 - Entry and consideration of amendments. |
| § 1.123 - Amendments to the drawing. |
| § 1.124 - Amendment of amendments. |
| § 1.125 - Substitute specification. |
| § 1.126 - Numbering of claims. |
| § 1.127 - [Reserved] |
| §§ 1.122--1.24 - [Reserved] |
| §§ 1.122--1.224 - [Reserved] |
| §§ 1.117--1.119 - [Reserved] |
| §§ 1.118--1.119 - [Reserved] |
| Petitions and Action by the Director |
| § 1.181 - Petition to the Director. |
| § 1.182 - Questions not specifically provided for. |
| § 1.183 - Suspension of rules. |
| § 1.184 - [Reserved] |
| Appeal to the Patent Trial and Appeal Board |
| § 1.191 - Appeal to Patent Trial and Appeal Board. |
| § 1.197 - Termination of proceedings. |
| § 1.198 - Reopening after a final decision of the Patent Trial and Appeal Board. |
| §§ 1.192--1.196 - [Reserved] |
| Plant Patents |
| § 1.161 - Rules applicable. |
| § 1.162 - Applicant, oath or declaration. |
| § 1.163 - Specification and arrangement of application elements in a plant application. |
| § 1.164 - Claim. |
| § 1.165 - Plant drawings. |
| § 1.166 - Specimens. |
| § 1.167 - Examination. |
| Interviews |
| § 1.133 - Interviews. |
| Transitional Provisions |
| § 1.129 - Transitional procedures for limited examination after final rejection and restriction practice. |
| Appeal to the Board of Patent Appeals and Interferences |
| § 1.192 - Appellant's brief. |
| § 1.193 - Examiner's answer and reply brief. |
| § 1.194 - Oral hearing. |
| § 1.195 - Affidavits or declarations after appeal. |
| § 1.196 - Decision by the Board of Patent Appeals and Interferences. |
| Design Patents |
| § 1.151 - Rules applicable. |
| § 1.152 - Design drawings. |
| § 1.153 - Title, description and claim, oath or declaration. |
| § 1.154 - Arrangement of application elements in a design application. |
| § 1.155 - Expedited examination of design applications. |
| Action by Applicant and Further Consideration |
| § 1.111 - Reply by applicant or patent owner to a non-final Office action. |
| § 1.112 - Reconsideration before final action. |
| § 1.113 - Final rejection or action. |
| § 1.114 - Request for continued examination. |
| Correction of Errors in Patent |
| § 1.322 - Certificate of correction of Office mistake. |
| § 1.323 - Certificate of correction of applicant's mistake. |
| § 1.324 - Correction of inventorship in patent, pursuant to 35 U.S.C. 256. |
| § 1.325 - Other mistakes not corrected. |
| Specification |
| § 1.71 - Detailed description and specification of the invention. |
| § 1.72 - Title and abstract. |
| § 1.73 - Summary of the invention. |
| § 1.74 - Reference to drawings. |
| § 1.75 - Claim(s). |
| § 1.76 - Application data sheet. |
| § 1.77 - Arrangement of application elements. |
| § 1.78 - Claiming benefit of earlier filing date and cross-references to other applications. |
| § 1.79 - [Reserved] |
| Examination of Applications |
| § 1.101 - [Reserved] |
| § 1.102 - Advancement of examination. |
| § 1.103 - Suspension of action by the Office. |
| § 1.104 - Nature of examination. |
| § 1.105 - Requirements for information. |
| § 1.106 - Rejection of claims. |
| § 1.107 - Citation of references. |
| § 1.108 - Abandoned applications not cited. |
| § 1.109 - Effective filing date of a claimed invention under the Leahy-Smith America Invents Act. |
| § 1.110 - Inventorship and ownership of the subject matter of individual claims. |
| §§ 1.105--1.109 - [Reserved] |
| §§ 1.106--1.108 - [Reserved] |
| §§ 1.106--1.109 - [Reserved] |
| Miscellaneous Provisions |
| § 1.248 - Service of papers; manner of service; proof of service in cases other than interferences and trials. |
| § 1.251 - Unlocatable file. |
| § 1.265 - Examination support document. |
| Information Disclosure Statement |
| § 1.97 - Filing of information disclosure statement. |
| § 1.98 - Content of information disclosure statement. |
| § 1.99 - [Reserved] |
| Affidavits Overcoming Rejections |
| § 1.130 - Affidavit or declaration of attribution or prior public disclosure under the Leahy-Smith America Invents Act. |
| § 1.131 - Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art. |
| § 1.132 - Affidavits or declarations traversing rejections or objections. |
| Time for Reply by Applicant; Abandonment of Application |
| § 1.134 - Time period for reply to an Office action. |
| § 1.135 - Abandonment for failure to reply within time period. |
| § 1.136 - Extensions of time. |
| § 1.137 - Revival of abandoned application, or terminated or limited reexamination prosecution. |
| § 1.138 - Express abandonment. |
| § 1.139 - [Reserved] |
| Allowance and Issue of Patent |
| § 1.311 - Notice of allowance. |
| § 1.312 - Amendments after allowance. |
| § 1.313 - Withdrawal from issue. |
| § 1.314 - Issuance of patent. |
| § 1.315 - [Reserved] |
| § 1.316 - Application abandoned for failure to pay issue fee. |
| § 1.317 - Lapsed patents; delayed payment of balance of issue fee. |
| § 1.318 - [Reserved] |
| §§ 1.317--1.318 - [Reserved] |
| Time for Response by Applicant; Abandonment of Application |
| Models, Exhibits, Specimens |
| § 1.91 - Models or exhibits not generally admitted as part of application or patent. |
| § 1.92 - [Reserved] |
| § 1.93 - Specimens. |
| § 1.94 - Return of models, exhibits or specimens. |
| § 1.95 - Copies of exhibits. |
| § 1.96 - Submission of computer program listings. |
| Disclaimer |
| § 1.321 - Statutory disclaimers, including terminal disclaimers. |
| The Application |
| § 1.51 - General requisites of an application. |
| § 1.52 - Language, paper, writing, margins, read-only optical disc specifications. |
| § 1.53 - Application number, filing date, and completion of application. |
| § 1.54 - Parts of application to be filed together; filing receipt. |
| § 1.55 - Claim for foreign priority. |
| § 1.56 - Duty to disclose information material to patentability. |
| § 1.57 - Incorporation by reference. |
| § 1.58 - Chemical and mathematical formulae and tables. |
| § 1.59 - Expungement of information or copy of papers in application file. |
| § 1.61 - Continuation or divisional application for invention disclosed in a prior nonprovisional application. |
| §§ 1.60--1.62 - [Reserved] |
| § 1.62 - File wrapper continuing procedure. |
| Protests and Public Use Proceedings |
| § 1.292 - Public use proceedings. |
| § 1.293 - Statutory invention registration. |
| § 1.294 - Examination of request for publication of a statutory invention registration and patent application to which the request is directed. |
| § 1.295 - Review of decision finally refusing to publish a statutory invention registration. |
| § 1.296 - Withdrawal of request for publication of statutory invention registration. |
| § 1.297 - Publication of statutory invention registration. |
| Preissuance Submissions and Protests by Third Parties |
| § 1.290 - Submissions by third parties in applications. |
| § 1.291 - Protests by the public against pending applications. |
| §§ 1.292--1.297 - [Reserved] |
| Publication of Applications |
| § 1.211 - Publication of applications. |
| § 1.213 - Nonpublication request. |
| § 1.215 - Patent application publication. |
| § 1.217 - Publication of a redacted copy of an application. |
| § 1.219 - Early publication. |
| § 1.221 - Voluntary publication or republication of patent application publication. |
| Oath or Declaration |
| § 1.63 - Inventor's oath or declaration. |
| § 1.64 - Substitute statement in lieu of an oath or declaration. |
| § 1.66 - Statements under oath. |
| § 1.67 - Supplemental oath or declaration. |
| § 1.68 - Declaration in lieu of oath. |
| § 1.69 - Foreign language oaths and declarations. |
| § 1.70 - [Reserved] |
| Joinder of Inventions in One Application; Restriction |
| § 1.141 - Different inventions in one national application. |
| § 1.142 - Requirement for restriction. |
| § 1.143 - Reconsideration of requirement. |
| § 1.144 - Petition from requirement for restriction. |
| § 1.145 - Subsequent presentation of claims for different invention. |
| § 1.146 - Election of species. |
| Amendment of Rules |
| § 1.351 - Amendments to rules will be published. |
| § 1.352 - [Reserved] |
| The Drawings |
| § 1.81 - Drawings required in patent application. |
| § 1.83 - Content of drawing. |
| § 1.84 - Standards for drawings. |
| § 1.85 - Corrections to drawings. |
| § 1.88 - [Reserved] |
| Prosecution of Application and Appointment of Attorney or Agent |
| § 1.31 - Applicant may be represented by one or more patent practitioners or joint inventors. |
| § 1.32 - Power of attorney. |
| § 1.33 - Correspondence respecting patent applications, patent reexamination proceedings, and other proceedings. |
| § 1.34 - Acting in a representative capacity. |
| § 1.36 - Revocation of power of attorney; withdrawal of patent attorney or agent. |
| Subpart C - International Processing Provisions |
| The International Application |
| § 1.431 - International application requirements. |
| § 1.432 - Designation of States by filing an international application. |
| § 1.433 - Physical requirements of international application. |
| § 1.434 - The request. |
| § 1.435 - The description. |
| § 1.436 - The claims. |
| § 1.437 - The drawings. |
| § 1.438 - The abstract. |
| Unity of Invention |
| § 1.475 - Unity of invention before the International Searching Authority, the International Preliminary Examining Authority and during the national stage. |
| § 1.476 - Determination of unity of invention before the International Searching Authority. |
| § 1.477 - Protest to lack of unity of invention before the International Searching Authority. |
| Representation |
| § 1.455 - Representation in international applications. |
| General Information |
| § 1.401 - Definitions of terms under the Patent Cooperation Treaty. |
| § 1.412 - The United States Receiving Office. |
| § 1.413 - The United States International Searching Authority. |
| § 1.414 - The United States Patent and Trademark Office as a Designated Office or Elected Office. |
| § 1.415 - The International Bureau. |
| § 1.416 - The United States International Preliminary Examining Authority. |
| § 1.417 - Submission of translation of international application. |
| § 1.419 - Display of currently valid control number under the Paperwork Reduction Act. |
| National Stage |
| § 1.491 - National stage commencement, entry, and fulfillment. |
| § 1.492 - National stage fees. |
| § 1.494 - Entering the national stage in the United States of America as a Designated Office. |
| § 1.495 - Entering the national stage in the United States of America. |
| § 1.496 - Examination of international applications in the national stage. |
| § 1.497 - Inventor's oath or declaration under 35 U.S.C. 371(c)(4). |
| § 1.499 - Unity of invention during the national stage. |
| Fees |
| § 1.445 - International application filing, processing and search fees. |
| § 1.446 - Refund of international application filing and processing fees. |
| Amendments |
| § 1.471 - Corrections and amendments during international processing. |
| § 1.472 - Changes in person, name, or address of applicants and inventors. |
| Who May File an International Application |
| § 1.421 - Applicant for international application. |
| § 1.422 - Legal representative as applicant in an international application. |
| § 1.423 - [Reserved] |
| § 1.424 - Assignee, obligated assignee, or person having sufficient proprietary interest as applicant in an international application. |
| § 1.425 - Filing by other than inventor. |
| Transmittal of Record Copy |
| § 1.461 - Procedures for transmittal of record copy to the International Bureau. |
| International Preliminary Examination |
| § 1.480 - Demand for international preliminary examination. |
| § 1.481 - Payment of international preliminary examination fees. |
| § 1.482 - International preliminary examination and processing fees. |
| § 1.484 - Conduct of international preliminary examination. |
| § 1.485 - Amendments by applicant during international preliminary examination. |
| § 1.488 - Determination of unity of invention before the International Preliminary Examining Authority. |
| § 1.489 - Protest to lack of unity of invention before the International Preliminary Examining Authority. |
| Timing |
| § 1.465 - Timing of application processing based on the priority date. |
| § 1.468 - Delays in meeting time limits. |
| Priority |
| § 1.451 - The priority claim and priority document in an international application. |
| § 1.452 - Restoration of right of priority. |
| § 1.453 - xxx |
| Subpart D - Ex Parte Reexamination of Patents |
| Citation of Prior Art |
| Citation of Prior Art and Written Statements |
| § 1.501 - Citation of prior art and written statements in patent files. |
| § 1.502 - Processing of prior art citations during an ex parte reexamination proceeding. |
| Request for Reexamination |
| Certificate |
| Ex Parte Reexamination Certificate |
| § 1.570 - Issuance and publication of ex parte reexamination certificate concludes ex parte reexamination proceeding. |
| Ex Parte Reexamination Certificate |
| Request forEx Parte Reexamination |
| § 1.510 - Request for ex parte reexamination. |
| § 1.515 - Determination of the request for ex parte reexamination. |
| § 1.520 - Ex parte reexamination at the initiative of the Director. |
| Ex Parte Reexamination |
| Reexamination |
| Request for Ex Parte Reexamination |
| Ex Parte Reexamination |
| § 1.525 - Order for ex parte reexamination. |
| § 1.530 - Statement by patent owner in ex parte reexamination; amendment by patent owner in ex parte or inter partes reexamination; inventorship change in ex parte or inter partes reexamination. |
| § 1.535 - Reply by third party requester in ex parte reexamination. |
| § 1.540 - Consideration of responses in ex parte reexamination. |
| § 1.550 - Conduct of ex parte reexamination proceedings. |
| § 1.552 - Scope of reexamination in ex parte reexamination proceedings. |
| § 1.555 - Information material to patentability in ex parte reexamination and inter partes reexamination proceedings. |
| § 1.560 - Interviews in ex parte reexamination proceedings. |
| § 1.565 - Concurrent office proceedings which include an ex parte reexamination proceeding. |
| Request for Ex Parte Reexamination |
| Subpart E - Supplemental Examination of Patents |
| § 1.601 - Filing of papers in supplemental examination. |
| § 1.602 - Interest in applications and patents involved in an interference. |
| § 1.603 - Interference between applications; subject matter of the interference. |
| § 1.604 - Request for interference between applications by an applicant. |
| § 1.605 - Items of information. |
| § 1.606 - Interference between an application and a patent; subject matter of the interference. |
| § 1.607 - Request by applicant for interference with patent. |
| § 1.608 - Interference between an application and a patent; prima facie showing by applicant. |
| § 1.609 - [Reserved] |
| § 1.610 - Content of request for supplemental examination. |
| § 1.611 - Declaration of interference. |
| § 1.612 - Access to applications. |
| § 1.613 - Lead attorney, same attorney representing different parties in an interference, withdrawal of attorney or agent. |
| § 1.614 - Jurisdiction over interference. |
| § 1.615 - Format of papers filed in a supplemental examination proceeding. |
| § 1.616 - Sanctions for failure to comply with rules or order or for taking and maintaining a frivolous position. |
| § 1.617 - Summary judgment against applicant. |
| § 1.618 - Return of unauthorized papers. |
| § 1.620 - Conduct of supplemental examination proceeding. |
| § 1.621 - Preliminary statement, time for filing, notice of filing. |
| § 1.622 - Preliminary statement, who made invention, where invention made. |
| § 1.623 - Preliminary statement; invention made in United States, a NAFTA country, or a WTO member country. |
| § 1.624 - Preliminary statement; invention made in a place other than the United States, a NAFTA country, or a WTO member country. |
| § 1.625 - Conclusion of supplemental examination; publication of supplemental examination certificate; procedure after conclusion. |
| § 1.626 - Preliminary statement; earlier application. |
| § 1.627 - Preliminary statement; sealing before filing, opening of statement. |
| § 1.628 - Preliminary statement; correction of error. |
| § 1.629 - Effect of preliminary statement. |
| § 1.630 - Reliance on earlier application. |
| § 1.631 - Access to preliminary statement, service of preliminary statement. |
| § 1.632 - Notice of intent to argue abandonment, suppression or concealment by opponent. |
| § 1.633 - Preliminary motions. |
| § 1.634 - Motion to correct inventorship. |
| § 1.635 - Miscellaneous motions. |
| § 1.636 - Motions, time for filing. |
| § 1.637 - Content of motions. |
| § 1.638 - Opposition and reply; time for filing opposition and reply. |
| § 1.639 - Evidence in support of motion, opposition, or reply. |
| § 1.640 - Motions, hearing and decision, redeclaration of interference, order to show cause. |
| § 1.641 - Unpatentability discovered by administrative patent judge. |
| § 1.642 - Addition of application or patent to interference. |
| § 1.643 - Prosecution of interference by assignee. |
| § 1.644 - Petitions in interferences. |
| § 1.645 - Extension of time, late papers, stay of proceedings. |
| § 1.646 - Service of papers, proof of service. |
| § 1.647 - Translation of document in foreign language. |
| § 1.651 - Setting times for discovery and taking testimony, parties entitled to take testimony. |
| § 1.652 - Judgment for failure to take testimony or file record. |
| § 1.653 - Record and exhibits. |
| § 1.654 - Final hearing. |
| § 1.655 - Matters considered in rendering a final decision. |
| § 1.656 - Briefs for final hearing. |
| § 1.657 - Burden of proof as to date of invention. |
| § 1.658 - Final decision. |
| § 1.659 - Recommendation. |
| § 1.660 - Notice of reexamination, reissue, protest, or litigation. |
| § 1.661 - Termination of interference after judgment. |
| § 1.662 - Request for entry of adverse judgment; reissue filed by patentee. |
| § 1.663 - Status of claim of defeated applicant after interference. |
| § 1.664 - Action after interference. |
| § 1.665 - Second interference. |
| § 1.666 - Filing of interference settlement agreements. |
| § 1.671 - Evidence must comply with rules. |
| § 1.672 - Manner of taking testimony. |
| § 1.673 - Notice of examination of witness. |
| § 1.674 - Persons before whom depositions may be taken. |
| § 1.675 - Examination of witness, reading and signing transcript of deposition. |
| § 1.676 - Certification and filing by officer, marking exhibits. |
| § 1.677 - Form of an affidavit or a transcript of deposition. |
| § 1.678 - Time for filing transcript of deposition. |
| § 1.679 - Inspection of transcript. |
| § 1.682 - Official records and printed publications. |
| § 1.683 - Testimony in another interference, proceeding, or action. |
| § 1.684 - [Reserved] |
| § 1.685 - Errors and irregularities in depositions. |
| § 1.687 - Additional discovery. |
| § 1.688 - [Reserved] |
| § 1.690 - Arbitration of interferences. |
| §§ 1.682--1.684 - [Reserved] |
| Subpart F - Adjustment and Extension of Patent Term |
| Extension of Patent Term Due to Regulatory Review |
| § 1.710 - Patents subject to extension of the patent term. |
| § 1.720 - Conditions for extension of patent term. |
| § 1.730 - Applicant for extension of patent term; signature requirements. |
| § 1.740 - Formal requirements for application for extension of patent term; correction of informalities. |
| § 1.741 - Complete application given a filing date; petition procedure. |
| § 1.750 - Determination of eligibility for extension of patent term. |
| § 1.760 - Interim extension of patent term under 35 U.S.C. 156(e)(2). |
| § 1.765 - Duty of disclosure in patent term extension proceedings. |
| § 1.770 - Express withdrawal of application for extension of patent term. |
| § 1.775 - Calculation of patent term extension for a human drug, antibiotic drug or human biological product. |
| § 1.776 - Calculation of patent term extension for a food additive or color additive. |
| § 1.777 - Calculation of patent term extension for a medical device. |
| § 1.778 - Calculation of patent term extension for an animal drug product. |
| § 1.779 - Calculation of patent term extension for a veterinary biological product. |
| § 1.780 - Certificate or order of extension of patent term. |
| § 1.785 - Multiple applications for extension of term of the same patent or of different patents for the same regulatory review period for a product. |
| § 1.790 - Interim extension of patent term under 35 U.S.C. 156(d)(5). |
| § 1.791 - Termination of interim extension granted prior to regulatory approval of a product for commercial marketing or use. |
| Adjustment of Patent Term Due to Examination Delay |
| § 1.702 - Grounds for adjustment of patent term due to examination delay under the Patent Term Guarantee Act of 1999 (original applications, other than designs, filed on or after May 29, 2000). |
| § 1.703 - Period of adjustment of patent term due to examination delay. |
| § 1.704 - Reduction of period of adjustment of patent term. |
| § 1.705 - Patent term adjustment determination. |
| Subpart G - Biotechnology Invention Disclosures |
| Deposit of Biological Material |
| § 1.801 - Biological material. |
| § 1.802 - Need or opportunity to make a deposit. |
| § 1.803 - Acceptable depository. |
| § 1.804 - Time of making an original deposit. |
| § 1.805 - Replacement or supplement of deposit. |
| § 1.806 - Term of deposit. |
| § 1.807 - Viability of deposit. |
| § 1.808 - Furnishing of samples. |
| § 1.809 - Examination procedures. |
| Application Disclosures Containing Nucleotide and/or Amino Acid Sequences |
| § 1.821 - Nucleotide and/or amino acid sequence disclosures in patent applications. |
| § 1.822 - Symbols and format to be used for nucleotide and/or amino acid sequence data. |
| § 1.823 - Requirements for content of a “Sequence Listing” part of the specification. |
| § 1.824 - Form and format for a nucleotide and/or amino acid sequence submission as an ASCII plain text file. |
| § 1.825 - Amendment to add or replace a “Sequence Listing” and CRF copy thereof. |
| § 1.831 - Requirements for patent applications filed on or after July 1, 2022, having nucleotide and/or amino acid sequence disclosures. |
| § 1.832 - xxx |
| § 1.833 - xxx |
| § 1.834 - xxx |
| § 1.835 - xxx |
| § 1.839 - Incorporation by reference. |
| Appendix A to Subpart G of Part 1 - Sample Sequence Listing |
| Appendix A to Subpart G of Part 1 - Sample Sequence Listing |
| Appendix B to Subpart G of Part 1 - XXX |
| Appendix B to Subpart G of Part 1 - XXX |
| Appendix C to Subpart G of Part 1 - XXX |
| Appendix C to Subpart G of Part 1 - XXX |
| Appendix D to Subpart G of Part 1 - XXX |
| Appendix D to Subpart G of Part 1 - XXX |
| Appendix E to Subpart G of Part 1 - XXX |
| Appendix E to Subpart G of Part 1 - XXX |
| Appendix F to Subpart G of Part 1 - XXX |
| Appendix F to Subpart G of Part 1 - XXX |
| Appendix A to Subpart G to Part 1 - Sample Sequence Listing |
| Appendix G to Subpart G of Part 1 - Numeric Identifiers |
| Appendix B to Subpart G to Part 1 - Headings for Information Items in § 1.823 |
| Subpart H - Inter Partes Reexamination of Patents That Issued From an Original Application Filed in the United States on or After November 29, 1999 |
| Information Disclosure inInter Partes Reexamination |
| § 1.933 - Patent owner duty of disclosure in inter partes reexamination proceedings. |
| Requirements for Inter Partes Reexamination Proceedings |
| Appeal to the Patent Trial and Appeal Board inInter Partes Reexamination |
| § 1.959 - Appeal in inter partes reexamination. |
| § 1.979 - Return of Jurisdiction from the Patent Trial and Appeal Board; termination of appeal proceedings. |
| § 1.981 - Reopening after a final decision of the Patent Trial and Appeal Board. |
| §§ 1.961--1.977 - [Reserved] |
| Concurrent Proceedings Involving Same Patent in Inter Partes Reexamination |
| Appeal to the Board of Patent Appeals and Interferences in Inter Partes Reexamination |
| § 1.961 - Jurisdiction over appeal in inter partes reexamination. |
| § 1.962 - Appellant and respondent in inter partes reexamination defined. |
| § 1.963 - Time for filing briefs in inter partes reexamination. |
| § 1.965 - Appellant's brief in inter partes reexamination. |
| § 1.967 - Respondent's brief in inter partes reexamination. |
| § 1.969 - Examiner's answer in inter partes reexamination. |
| § 1.971 - Rebuttal brief in inter partes reexamination. |
| § 1.973 - Oral hearing in inter partes reexamination. |
| § 1.975 - Affidavits or declarations after appeal in inter partes reexamination. |
| § 1.977 - Decision by the Board of Patent Appeals and Interferences; remand to examiner in inter partes reexamination. |
| Appeal to the Patent Trial and Appeal Board in Inter Partes Reexamination |
| Office Actions and Responses (Before the Examiner) in Inter Partes Reexamination |
| Concurrent Proceedings Involving Same Patent in Inter Partes Reexamination |
| Appeal to the United States Court of Appeals for the Federal Circuit in Inter Partes Reexamination |
| Interviews Prohibited inInter Partes Reexamination |
| § 1.955 - Interviews prohibited in inter partes reexamination proceedings. |
| Patent Owner Appeal to the United States Court of Appeals for the Federal Circuit in Inter Partes Reexamination |
| Information Disclosure in Inter Partes Reexamination |
| Appeal to the United States Court of Appeals for the Federal Circuit in Inter Partes Reexamination |
| Inter Partes Reexamination of Patents |
| § 1.931 - Order for inter partes reexamination. |
| Reexamination Certificate in Inter Partes Reexamination |
| Extensions of Time, Terminating of Reexamination Prosecution, and Petitions to Revive in Inter Partes Reexamination |
| Requirements for Inter Partes Reexamination Proceedings |
| Office Actions and Responses (Before the Examiner) inInter Partes Reexamination |
| § 1.935 - Initial Office action usually accompanies order for inter partes reexamination. |
| § 1.937 - Conduct of inter partes reexamination. |
| § 1.939 - Unauthorized papers in inter partes reexamination. |
| § 1.941 - Amendments by patent owner in inter partes reexamination. |
| § 1.943 - Requirements of responses, written comments, and briefs in inter partes reexamination. |
| § 1.945 - Response to Office action by patent owner in inter partes reexamination. |
| § 1.947 - Comments by third party requester to patent owner's response in inter partes reexamination. |
| § 1.948 - Limitations on submission of prior art by third party requester following the order for inter partes reexamination. |
| § 1.949 - Examiner's Office action closing prosecution in inter partes reexamination. |
| § 1.951 - Options after Office action closing prosecution in inter partes reexamination. |
| § 1.953 - Examiner's Right of Appeal Notice in inter partes reexamination. |
| Reexamination Certificate inInter Partes Reexamination |
| § 1.997 - Issuance and publication of inter partes reexamination certificate concludes inter partes reexamination proceeding. |
| Prior Art Citations |
| § 1.902 - Processing of prior art citations during an inter partes reexamination proceeding. |
| Reexamination Certificate in Inter Partes Reexamination |
| Interviews Prohibited in Inter Partes Reexamination |
| Appeal to the Patent Trial and Appeal Board in Inter Partes Reexamination |
| Extensions of Time, Terminating of Reexamination Prosecution, and Petitions To Revive in Inter Partes Reexamination |
| Extensions of Time, Terminating of Reexamination Prosecution, and Petitions to Revive inInter Partes Reexamination |
| § 1.956 - Patent owner extensions of time in inter partes reexamination. |
| § 1.957 - Failure to file a timely, appropriate or complete response or comment in inter partes reexamination. |
| § 1.958 - Petition to revive inter partes reexamination prosecution terminated for lack of patent owner response. |
| Requirements forInter Partes Reexamination Proceedings |
| § 1.903 - Service of papers on parties in inter partes reexamination. |
| § 1.904 - Notice of inter partes reexamination in Official Gazette. |
| § 1.905 - Submission of papers by the public in inter partes reexamination. |
| § 1.906 - Scope of reexamination in inter partes reexamination proceeding. |
| § 1.907 - Inter partes reexamination prohibited. |
| § 1.913 - Persons eligible to file, and time for filing, a request for inter partes reexamination. |
| § 1.915 - Content of request for inter partes reexamination. |
| § 1.919 - Filing date of request for inter partes reexamination. |
| § 1.923 - Examiner's determination on the request for inter partes reexamination. |
| § 1.925 - Partial refund if request for inter partes reexamination is not ordered. |
| § 1.927 - Petition to review refusal to order inter partes reexamination. |
| Office Actions and Responses (Before the Examiner) in Inter Partes Reexamination |
| Interviews Prohibited in Inter Partes Reexamination |
| Concurrent Proceedings Involving Same Patent inInter Partes Reexamination |
| § 1.985 - Notification of prior or concurrent proceedings in inter partes reexamination. |
| § 1.987 - Suspension of inter partes reexamination proceeding due to litigation. |
| § 1.989 - Merger of concurrent reexamination proceedings. |
| § 1.991 - Merger of concurrent reissue application and inter partes reexamination proceeding. |
| § 1.993 - Suspension of concurrent interference and inter partes reexamination proceeding. |
| § 1.995 - Third party requester's participation rights preserved in merged proceeding. |
| Inter Partes Reexamination of Patents |
| Extensions of Time, Termination of Proceedings, and Petitions To Revive in Inter Partes Reexamination |
| Appeal to the United States Court of Appeals for the Federal Circuit inInter Partes Reexamination |
| § 1.983 - Appeal to the United States Court of Appeals for the Federal Circuit in inter partes reexamination. |
| Information Disclosure in Inter Partes Reexamination |
| Subpart I - International Design Application |
| Transmittal of International Design Application to the International Bureau |
| § 1.1045 - Procedures for transmittal of international design application to the International Bureau. |
| The International Design Application |
| § 1.1021 - Contents of the international design application. |
| § 1.1022 - Form and signature. |
| § 1.1023 - Filing date of an international design application in the United States. |
| § 1.1024 - The description. |
| § 1.1025 - The claim. |
| § 1.1026 - Reproductions. |
| § 1.1027 - Specimens. |
| § 1.1028 - Deferment of publication. |
| Representation |
| § 1.1041 - Representation in an international design application. |
| § 1.1042 - Correspondence respecting international design applications filed with the Office as an office of indirect filing. |
| General Information |
| § 1.1001 - Definitions related to international design applications. |
| § 1.1002 - The United States Patent and Trademark Office as an office of indirect filing. |
| § 1.1003 - The United States Patent and Trademark Office as a designated office. |
| § 1.1004 - The International Bureau. |
| § 1.1005 - Display of currently valid control number under the Paperwork Reduction Act. |
| Relief from Prescribed Time Limits; Conversion to a Design Application Under 35 U.S.C. Chapter 16 |
| § 1.1051 - Relief from prescribed time limits. |
| § 1.1052 - Conversion to a design application under 35 U.S.C. chapter 16. |
| Who May File an International Design Application |
| § 1.1011 - Applicant for international design application. |
| § 1.1012 - Applicant's Contracting Party. |
| Fees |
| § 1.1031 - International design application fees. |
| National Processing of International Design Applications |
| § 1.1061 - Rules applicable. |
| § 1.1062 - Examination. |
| § 1.1063 - Notification of refusal. |
| § 1.1064 - One independent and distinct design. |
| § 1.1065 - Corrections and other changes in the International Register. |
| § 1.1066 - Correspondence address for a nonprovisional international design application. |
| § 1.1067 - Title, description, and inventor's oath or declaration. |
| § 1.1068 - Statement of grant of protection. |
| § 1.1070 - Notification of Invalidation. |
| § 1.1071 - Grant of protection for an industrial design only upon issuance of a patent. |