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.