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CFR Title 37 > Chapter I > Part 1 - Rules of practice in patent cases

CFR > Title 37 > Chapter I > Part 1 - Rules of practice in patent cases


Current as of: July 2010
§ 1.1Addresses for non-trademark correspondence with the United States Patent and Trademark Office
§ 1.2Business to be transacted in writing
§ 1.3Business to be conducted with decorum and courtesy
§ 1.4Nature of correspondence and signature requirements
§ 1.5Identification of patent, patent application, or patent-related proceeding
§ 1.6Receipt of correspondence
§ 1.7Times for taking action; Expiration on Saturday, Sunday or Federal holiday
§ 1.8Certificate of mailing or transmission
§ 1.9Definitions
§ 1.10Filing of correspondence by ``Express Mail.''
§ 1.11Files open to the public
§ 1.12Assignment records open to public inspection
§ 1.13Copies and certified copies
§ 1.14Patent applications preserved in confidence
§ 1.16National application filing, search, and examination fees
§ 1.17Patent application and reexamination processing fees
§ 1.18Patent post allowance (including issue) fees
§ 1.19Document supply fees
§ 1.20Post issuance fees
§ 1.21Miscellaneous fees and charges
§ 1.22Fees payable in advance
§ 1.23Methods of payment
§ 1.25Deposit accounts
§ 1.26Refunds
§ 1.27Definition of small entities and establishing status as a small entity to permit payment of small entity fees; when a determination of entitlement to small entity status and notification of loss of entitlement to small entity status are required; fraud on
§ 1.28Refunds when small entity status is later established; how errors in small entity status are excused
§ 1.31Applicant may be represented by one or more patent practitioners or joint inventors
§ 1.32Power of attorney
§ 1.33Correspondence respecting patent applications, reexamination proceedings, and other proceedings
§ 1.34Acting in a representative capacity
§ 1.36Revocation of power of attorney; withdrawal of patent attorney or agent
§ 1.41Applicant for patent
§ 1.42When the inventor is dead
§ 1.43When the inventor is insane or legally incapacitated
§ 1.45Joint inventors
§ 1.46Assigned inventions and patents
§ 1.47Filing when an inventor refuses to sign or cannot be reached
§ 1.48Correction of inventorship in a patent application, other than a reissue application, pursuant to 35 U.S.C. 116
§ 1.51General requisites of an application
§ 1.52Language, paper, writing, margins, compact disc specifications
§ 1.53Application number, filing date, and completion of application
§ 1.54Parts of application to be filed together; filing receipt
§ 1.55Claim for foreign priority
§ 1.56Duty to disclose information material to patentability
§ 1.57Incorporation by reference
§ 1.58Chemical and mathematical formulae and tables
§ 1.59Expungement of information or copy of papers in application file
§ 1.63Oath or declaration
§ 1.64Person making oath or declaration
§ 1.66Officers authorized to administer oaths
§ 1.67Supplemental oath or declaration
§ 1.68Declaration in lieu of oath
§ 1.69Foreign language oaths and declarations
§ 1.71Detailed description and specification of the invention
§ 1.72Title and abstract
§ 1.73Summary of the invention
§ 1.74Reference to drawings
§ 1.75Claim(s)
§ 1.76Application data sheet
§ 1.77Arrangement of application elements
§ 1.78Claiming benefit of earlier filing date and cross-references to other applications
§ 1.79Reservation clauses not permitted
§ 1.81Drawings required in patent application
§ 1.83Content of drawing
§ 1.84Standards for drawings
§ 1.85Corrections to drawings
§ 1.91Models or exhibits not generally admitted as part of application or patent
§ 1.93Specimens
§ 1.94Return of models, exhibits or specimens
§ 1.95Copies of exhibits
§ 1.96Submission of computer program listings
§ 1.97Filing of information disclosure statement
§ 1.98Content of information disclosure statement
§ 1.99Third-party submission in published application
§ 1.102Advancement of examination
§ 1.103Suspension of action by the Office
§ 1.104Nature of examination
§ 1.105Requirements for information
§ 1.110Inventorship and date of invention of the subject matter of individual claims
§ 1.111Reply by applicant or patent owner to a non-final Office action
§ 1.112Reconsideration before final action
§ 1.113Final rejection or action
§ 1.114Request for continued examination
§ 1.115Preliminary amendments
§ 1.116Amendments and affidavits or other evidence after final action and prior to appeal
§ 1.121Manner of making amendments in applications
§ 1.125Substitute specification
§ 1.126Numbering of claims
§ 1.127Petition from refusal to admit amendment
§ 1.129Transitional procedures for limited examination after final rejection and restriction practice
§ 1.130Affidavit or declaration to disqualify commonly owned patent or published application as prior art
§ 1.131Affidavit or declaration of prior invention
§ 1.132Affidavits or declarations traversing rejections or objections
§ 1.133Interviews
§ 1.134Time period for reply to an Office action
§ 1.135Abandonment for failure to reply within time period
§ 1.136Extensions of time
§ 1.137Revival of abandoned application, terminated or limited reexamination prosecution, or lapsed patent
§ 1.138Express abandonment
§ 1.141Different inventions in one national application
§ 1.142Requirement for restriction
§ 1.143Reconsideration of requirement
§ 1.144Petition from requirement for restriction
§ 1.145Subsequent presentation of claims for different invention
§ 1.146Election of species
§ 1.151Rules applicable
§ 1.152Design drawings
§ 1.153Title, description and claim, oath or declaration
§ 1.154Arrangement of application elements in a design application
§ 1.155Expedited examination of design applications
§ 1.161Rules applicable
§ 1.162Applicant, oath or declaration
§ 1.163Specification and arrangement of application elements in a plant application
§ 1.164Claim
§ 1.165Plant drawings
§ 1.166Specimens
§ 1.167Examination
§ 1.171Application for reissue
§ 1.172Applicants, assignees
§ 1.173Reissue specification, drawings, and amendments
§ 1.175Reissue oath or declaration
§ 1.176Examination of reissue
§ 1.177Issuance of multiple reissue patents
§ 1.178Original patent; continuing duty of applicant
§ 1.181Petition to the Director
§ 1.182Questions not specifically provided for
§ 1.183Suspension of rules
§ 1.191Appeal to Board of Patent Appeals and Interferences
§ 1.197Return of jurisdiction from the Board of Patent Appeals and Interferences; termination of proceedings
§ 1.198Reopening after a final decision of the Board of Patent Appeals and Interferences
§ 1.211Publication of applications
§ 1.213Nonpublication request
§ 1.215Patent application publication
§ 1.217Publication of a redacted copy of an application
§ 1.219Early publication
§ 1.221Voluntary publication or republication of patent application publication
§ 1.248Service of papers; manner of service; proof of service in cases other than interferences
§ 1.251Unlocatable file
§ 1.291Protests by the public against pending applications
§ 1.292Public use proceedings
§ 1.293Statutory invention registration
§ 1.294Examination of request for publication of a statutory invention registration and patent application to which the request is directed
§ 1.295Review of decision finally refusing to publish a statutory invention registration
§ 1.296Withdrawal of request for publication of statutory invention registration
§ 1.297Publication of statutory invention registration
§ 1.301Appeal to U.S. Court of Appeals for the Federal Circuit
§ 1.302Notice of appeal
§ 1.303Civil action under 35 U.S.C. 145, 146, 306
§ 1.304Time for appeal or civil action
§ 1.311Notice of allowance
§ 1.312Amendments after allowance
§ 1.313Withdrawal from issue
§ 1.314Issuance of patent
§ 1.315Delivery of patent
§ 1.316Application abandoned for failure to pay issue fee
§ 1.317Lapsed patents; delayed payment of balance of issue fee
§ 1.321Statutory disclaimers, including terminal disclaimers
§ 1.322Certificate of correction of Office mistake
§ 1.323Certificate of correction of applicant's mistake
§ 1.324Correction of inventorship in patent, pursuant to 35 U.S.C. 256
§ 1.325Other mistakes not corrected
§ 1.335Filing of notice of arbitration awards
§ 1.351Amendments to rules will be published
§ 1.362Time for payment of maintenance fees
§ 1.363Fee address for maintenance fee purposes
§ 1.366Submission of maintenance fees
§ 1.377Review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of patent
§ 1.378Acceptance of delayed payment of maintenance fee in expired patent to reinstate patent
§ 1.401Definitions of terms under the Patent Cooperation Treaty
§ 1.412The United States Receiving Office
§ 1.413The United States International Searching Authority
§ 1.414The United States Patent and Trademark Office as a Designated Office or Elected Office
§ 1.415The International Bureau
§ 1.416The United States International Preliminary Examining Authority
§ 1.417Submission of translation of international publication
§ 1.419Display of currently valid control number under the Paperwork Reduction Act
§ 1.421Applicant for international application
§ 1.422When the inventor is dead
§ 1.423When the inventor is insane or legally incapacitated
§ 1.431International application requirements
§ 1.432Designation of States by filing an international application
§ 1.433Physical requirements of international application
§ 1.434The request
§ 1.435The description
§ 1.436The claims
§ 1.437The drawings
§ 1.438The abstract
§ 1.445International application filing, processing and search fees
§ 1.446Refund of international application filing and processing fees
§ 1.451The priority claim and priority document in an international application
§ 1.452Restoration of right of priority
§ 1.455Representation in international applications
§ 1.461Procedures for transmittal of record copy to the International Bureau
§ 1.465Timing of application processing based on the priority date
§ 1.468Delays in meeting time limits
§ 1.471Corrections and amendments during international processing
§ 1.472Changes in person, name, or address of applicants and inventors
§ 1.475Unity of invention before the International Searching Authority, the International Preliminary Examining Authority and during the national stage
§ 1.476Determination of unity of invention before the International Searching Authority
§ 1.477Protest to lack of unity of invention before the International Searching Authority
§ 1.480Demand for international preliminary examination
§ 1.481Payment of international preliminary examination fees
§ 1.482International preliminary examination fees
§ 1.484Conduct of international preliminary examination
§ 1.485Amendments by applicant during international preliminary examination
§ 1.488Determination of unity of invention before the International Preliminary Examining Authority
§ 1.489Protest to lack of unity of invention before the International Preliminary Examining Authority
§ 1.491National stage commencement and entry
§ 1.492National stage fees
§ 1.495Entering the national stage in the United States of America
§ 1.496Examination of international applications in the national stage
§ 1.497Oath or declaration under 35 U.S.C. 371(c)(4)
§ 1.499Unity of invention during the national stage
§ 1.501Citation of prior art in patent files
§ 1.502Processing of prior art citations during an ex parte reexamination proceeding
§ 1.510Request for ex parte reexamination
§ 1.515Determination of the request for ex parte reexamination
§ 1.520Ex parte reexamination at the initiative of the Director
§ 1.525Order for ex parte reexamination
§ 1.530Statement 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
§ 1.535Reply by third party requester in ex parte reexamination
§ 1.540Consideration of responses in ex parte reexamination
§ 1.550Conduct of ex parte reexamination proceedings
§ 1.552Scope of reexamination in ex parte reexamination proceedings
§ 1.555Information material to patentability in ex parte reexamination and inter partes reexamination proceedings
§ 1.560Interviews in ex parte reexamination proceedings
§ 1.565Concurrent office proceedings which include an ex parte reexamination proceeding
§ 1.570Issuance and publication of ex parte reexamination certificate concludes ex parte reexamination proceeding
§ 1.701Extension of patent term due to examination delay under the Uruguay Round Agreements Act (original applications, other than designs, filed on or after June 8, 1995, and before May 29, 2000)
§ 1.702Grounds 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)
§ 1.703Period of adjustment of patent term due to examination delay
§ 1.704Reduction of period of adjustment of patent term
§ 1.705Patent term adjustment determination
§ 1.710Patents subject to extension of the patent term
§ 1.720Conditions for extension of patent term
§ 1.730Applicant for extension of patent term; signature requirements
§ 1.740Formal requirements for application for extension of patent term; correction of informalities
§ 1.741Complete application given a filing date; petition procedure
§ 1.750Determination of eligibility for extension of patent term
§ 1.760Interim extension of patent term under 35 U.S.C. 156(e)(2)
§ 1.765Duty of disclosure in patent term extension proceedings
§ 1.770Express withdrawal of application for extension of patent term
§ 1.775Calculation of patent term extension for a human drug, antibiotic drug or human biological product
§ 1.776Calculation of patent term extension for a food additive or color additive
§ 1.777Calculation of patent term extension for a medical device
§ 1.778Calculation of patent term extension for an animal drug product
§ 1.779Calculation of patent term extension for a veterinary biological product
§ 1.780Certificate or order of extension of patent term
§ 1.785Multiple applications for extension of term of the same patent or of different patents for the same regulatory review period for a product
§ 1.790Interim extension of patent term under 35 U.S.C. 156(d)(5)
§ 1.791Termination of interim extension granted prior to regulatory approval of a product for commercial marketing or use
§ 1.801Biological material
§ 1.802Need or opportunity to make a deposit
§ 1.803Acceptable depository
§ 1.804Time of making an original deposit
§ 1.805Replacement or supplement of deposit
§ 1.806Term of deposit
§ 1.807Viability of deposit
§ 1.808Furnishing of samples
§ 1.809Examination procedures
§ 1.821Nucleotide and/or amino acid sequence disclosures in patent applications
§ 1.822Symbols and format to be used for nucleotide and/or amino acid sequence data
§ 1.823Requirements for nucleotide and/or amino acid sequences as part of the application
§ 1.824Form and format for nucleotide and/or amino acid sequence submissions in computer readable form
§ 1.825Amendments to or replacement of sequence listing and computer readable copy thereof
§ 1.902Processing of prior art citations during an inter partes reexamination proceeding
§ 1.903Service of papers on parties in inter partes reexamination
§ 1.904Notice of inter partes reexamination in Official Gazette
§ 1.905Submission of papers by the public in inter partes reexamination
§ 1.906Scope of reexamination in inter partes reexamination proceeding
§ 1.907Inter partes reexamination prohibited
§ 1.913Persons eligible to file request for inter partes reexamination
§ 1.915Content of request for inter partes reexamination
§ 1.919Filing date of request for inter partes reexamination
§ 1.923Examiner's determination on the request for inter partes reexamination
§ 1.925Partial refund if request for inter partes reexamination is not ordered
§ 1.927Petition to review refusal to order inter partes reexamination
§ 1.931Order for inter partes reexamination
§ 1.933Patent owner duty of disclosure in inter partes reexamination proceedings
§ 1.935Initial Office action usually accompanies order for inter partes reexamination
§ 1.937Conduct of inter partes reexamination
§ 1.939Unauthorized papers in inter partes reexamination
§ 1.941Amendments by patent owner in inter partes reexamination
§ 1.943Requirements of responses, written comments, and briefs in inter partes reexamination
§ 1.945Response to Office action by patent owner in inter partes reexamination
§ 1.947Comments by third party requester to patent owner's response in inter partes reexamination
§ 1.948Limitations on submission of prior art by third party requester following the order for inter partes reexamination
§ 1.949Examiner's Office action closing prosecution in inter partes reexamination
§ 1.951Options after Office action closing prosecution in inter partes reexamination
§ 1.953Examiner's Right of Appeal Notice in inter partes reexamination
§ 1.955Interviews prohibited in inter partes reexamination proceedings
§ 1.956Patent owner extensions of time in inter partes reexamination
§ 1.957Failure to file a timely, appropriate or complete response or comment in inter partes reexamination
§ 1.958Petition to revive inter partes reexamination prosecution terminated for lack of patent owner response
§ 1.959Appeal in inter partes reexamination
§ 1.979Return of Jurisdiction from the Board of Patent Appeals and Interferences; termination of appeal proceedings
§ 1.981Reopening after a final decision of the Board of Patent Appeals and Interferences
§ 1.983Appeal to the United States Court of Appeals for the Federal Circuit in inter partes reexamination
§ 1.985Notification of prior or concurrent proceedings in inter partes reexamination
§ 1.987Suspension of inter partes reexamination proceeding due to litigation
§ 1.989Merger of concurrent reexamination proceedings
§ 1.991Merger of concurrent reissue application and inter partes reexamination proceeding
§ 1.993Suspension of concurrent interference and inter partes reexamination proceeding
§ 1.995Third party requester's participation rights preserved in merged proceeding
§ 1.997Issuance and publication of inter partes reexamination certificate concludes inter partes reexamination proceeding

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