Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 37 - Patents, Trademarks, and Copyrights |
Chapter I - United States Patent and Trademark Office, Department of Commerce |
SubChapter A - General |
Part 1 - Rules of Practice in Patent Cases |
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. |