Lapas attēli
PDF
ePub

SUBCHAPTER A-GENERAL

PATENTS

PART 1-RULES OF PRACTICE IN

PATENT CASES

1.33 Correspondence respecting patent ap-

plications, reexamination proceedings,

and other proceedings.
1.34 Recognition for representation.
1.36 Revocation of power of attorney or au-

thorization; withdrawal of attorney or
agent.

Subpart A-General Provisions

GENERAL INFORMATION AND CORRESPONDENCE
Sec.
1.1 All communications to be addressed to

Commissioner of Patents and Trade-

marks.
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 application, patent or

registration.
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 papers and fees by "Express

Mail” with certificate.

WHO MAY APPLY FOR A PATENT
1.41 Applicant for patent.
1.42 When the inventor is dead.
1.43 When the inventor is insane or legally

incapacitated.
1.44 Proof of authority.
1.45 Joint inventors.
1.46 Assigned inventions and patents.
1.47 Filing when an inventor refuses to sign

or cannot be reached.
1.48 Correction of inventorship.

THE APPLICATION

RECORDS AND FILES OF THE PATENT AND

TRADEMARK OFFICE
1.11 Files open to the public.
1.12 Assignment records open to public in-

spection.
1.13 Copies and certified copies.
1.14 Patent applications preserved in se-

crecy.
1.15 Requests for identifiable records.

1.51 General requisites of an application.
1.52 Language, paper, writing, margins.
1.53 Application number, filing date, and

completion of application.
1.54 Parts of application to be filed to-

gether; filing receipt.
1.55 Claim for foreign priority.
1.56 Duty to disclose information material

to patentability.
1.57 [Reserved)
1.58 Chemical and mathematical formulas

and tables.
1.59 Papers of application with filing date

not to be returned.
1.60 Continuation or divisional application

for invention disclosed in a prior non-

provisional application.
1.61 (Reserved)
1.62 File wrapper continuing procedure.

FEES AND PAYMENT OF MONEY

OATH OR DECLARATION

1.16 National application filing fees.
1.17 Patent application processing fees.
1.18 Patent 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 Method of payment.
1.24 Coupons.
1.25 Deposit accounts.
1.28 Rofunds.
1.27 Statement of status as small entity.
1.28 Effect on fees of failure to establish

status, or change status, as a small en-
tity.

1.63 Oath or declaration.
1.64 Person making oath or declaration.
1.66 Officers authorized to administer oaths.
1.67 Supplemental oath or declaration.
1.68 Declaration in lieu of oath.
1.69 Foreign language oaths and declara-

tions.
1.70 (Reserved)

Subpart B-National Processing Provisions

PROSECUTION OF APPLICATION AND

APPOINTMENT OF ATTORNEY OR AGENT
1.31 Applicants may be represented by a

registered attorney or agent.
1.32 (Reserved)

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).
1.77 Arrangement of application elements.

1.78 Claiming benefit of earlier filing date

and cross-references to other applica

tions. 1.79 Reservation clauses not permitted.

TRANSITIONAL PROVISIONS 1.129 Transitional procedures for limited ex

amination after final rejection and restriction practice.

AFFIDAVITS OVERCOMING REJECTIONS 1.131 Affidavit or declaration of prior inven

tion to overcome cited patent or publica

tion. 1.132 Affidavits or declarations traversing

grounds of rejection.

THE DRAWINGS 1.81 Drawings required in patent applica

tion. 1.83 Content of drawing. 1.84 Standards for drawings. 1.85 Corrections to drawings. 1.88 [Reserved)

MODELS, EXHIBITS, SPECIMENS 1.91 Models not generally required as part

of application or patent. 1.92 Model or exhibit may be required. 1.93 Specimens. 1.94 Return of models, exhibits or speci

mens. 1.95 Copies of exhibits. 1.96 Submission of computer program list

ings.

INTERVIEWS 1.133 Interviews.

INFORMATION DISCLOSURE STATEMENT 1.97 Filing information disclosure state

ment. 1.98 Content of information disclosure

statement. 1.99 (Reserved]

TIME FOR RESPONSE BY APPLICANT;

ABANDONMENT OF APPLICATION 1.134 Time period for response to an Office

action. 1.135 Abandonment for failure to respond

within time period. 1.136 Filing of timely responses with peti

tion and fee for extension of time and ex

tensions of time for cause. 1.137 Revival of abandoned application. 1.138 Express abandonment. 1.139 Revival of provisional application. 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 restric

tion. 1.145 Subsequent presentation of claims for

different invention. 1.146 Election of species.

EXAMINATION OF APPLICATIONS 1.101 Order of examination. 1.102 Advancement of examination. 1.103 Suspension of action. 1.104 Nature of examination, examiner's ac

tion. 1.105 Completeness of examiner's action. 1.106 Rejection of claims. 1.107 Citation of refereaces. 1.108 Abandoned applications not cited. 1.109 Reasons for allowance. 1.110 Inventorship and date of invention of

the subject matter of individual claims.

DESIGN PATENTS 1.151 Rules applicable. 1.152 Design drawing. 1.153 Title, description and claim, oath or

declaration. 1.154 Arrangement of specification. 1.155 Issue and term of design patents.

ACTION BY APPLICANT AND FURTHER

CONSIDERATION

1.111 Reply by applicant or patent owner. 1.112 Reconsideration. 1.113 Final rejection or action.

PLANT PATENTS

AMENDMENTS

1.161 Rules applicable. 1.162 Applicant, oath or declaration. 1.163 Specification. 1.164 Claim. 1.165 Plant drawings. 1.166 Specimens. 1.167 Examination.

REISSUES

1.115 Amendment. 1.116 Amendments after final action. 1.117 Amendment and revision required. 1.118 Amendment of disclosure. 1.119 Amendment of claims. 1.121 Manner of making amendments. 1.122 Entry and consideration of amend

ments. 1.123 Amendments to the drawing. 1.124 Amendment of amendments. 1.125 Substitute specification. 1.126 Numbering of claims. 1.127 Petition from refusal to admit amend

ment.

1.171 Application for reissue. 1.172 Applicants, assignees. 1.173 Specification. 1.174 Drawings. 1.175 Reissue oath or declaration. 1.176 Examination of reissue. 1.177 Reissue in divisions.

[blocks in formation]

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 Delivery of patent. 1.316 Application abandoned for failure to

WHO MAY FILE AN INTERNATIONAL

APPLICATION 1.421 Applicant for international applica

pay issue fee. 1.317 Lapsed patents; delayed payment of

balance of issue fee.

tion.
1.422 When the inventor is dead.
1.423 When the inventor is insane or legally

incapacitated.
1.424 Joint inventors.
1.425 Filing by other than inventor.

[blocks in formation]

1.606 Interference between an application

and a patent; subject matter of the inter

ference. 1.607 Request by applicant for interference

with patent. 1.608 Interference between an application

and a patent; prima facie showing by ap

plicant. 1.609 Preparation of interference papers by

examiner. 1.610 Assignment of interference to admin

istrative patent judge, time period for

completing interference. 1.611 Declaration of interference. 1.612 Access to applications. 1.613 Lead attorney, same attorney rep

resenting different parties in an inter

ference, withdrawal of attorney or agent. 1.614 Jurisdiction over interference. 1.615 Suspension of ex parte prosecution. 1.616 Sanctions for failure to comply with

rules or order or for taking and main

taining a frivolous position. 1.617 Summary judgment against applicant. 1.618 Return of unauthorized papers. 1.621 Preliminary statement, time for fil

ing, notice of filing. 1.622 Preliminary statement, who made in

vention, where invention made. 1.623 Preliminary statement; invention

made in United States, a NAFTA coun

try, 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 Preliminary statement; derivation by

an opponent. 1.626 Preliminary statement; earlier appli

cation. 1.627 Preliminary statement; sealing before

filing, opening of statement. 1.628 Preliminary statement; correction of

error. 1.629 Effect of preliminary statement. 1.63 Reliance on earlier application. 1.631 Access to preliminary statement, serv

ice of preliminary statement. 1.632 Notice of intent to argue abandon

ment, suppression, or concealment by op

ponent. 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, opposi

tion, or reply. 1.640 Motions, hearing and decision, redec

laration of interference, order to show

cause. 1.641 Unpatentability discovered by admin

istrative patent judge. 1.642 Addition of application or patent to

interference.

1.643 Prosecution of interference by as

signee. 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 testi

mony. 1.652 Judgment for failure to take testi

mony 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 inven

tion. 1.658 Final decision. 1.659 Recommendation. 1.660 Notice of reexamination, reissue, pro

test, 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 deposi

tion. 1.679 Inspection of transcript. 1.682 Official records and printed publica

tions. 1.683 Testimony in another interference,

proceeding, or action. 1.684 (Reserved] 1.685 Errors and irregularities in deposi

tions. 1.687 Additional discovery. 1.688 Use of discovery. 1.690 Arbitration of interferences.

Subpart F-Extension of Patent Term

1.701 Extension of patent term due to pros

ecution delay. 1.710 Patents subject to extension of the

patent term. 1.720 Conditions for extension of patent

term.

« iepriekšējāTurpināt »