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AUTHORITY: E.O. 9424, Feb. 18, 1944, 9 FR 1959; 3 CFR 1943-1948 Comp.

SOURCE: 24 FR 10383, Dec. 22, 1959, unless otherwise noted.

strument, the place where it is usually filed, and any docket or identifying number, must be attached to the copy.

$ 7.5 Instruments already on record.

Instruments which have been recorded prior to the adoption of $$ 7.1 to 7.7 and are on the general assignment records of the Patent and Trademark Office need not be forwarded again for recording.

87.1 Requirements.

Executive Order 9424 (3 CFR 19431948 Comp.) requires the several departments and other executive agencies of the Government, including Government-owned or Governmentcontrolled corporations, to forward promptly to the Commissioner of Patents and Trademarks for recording all licenses, assignments, or other interests of the Government in or under patents or applications for patents. $ 7.2 Assignments.

The original of an assignment or other instrument which conveys to the Government only the title to a patent or to an application for patent shall be forwarded to the Commissioner of Patents and Trademarks. The instrument will be recorded, endorsed, and returned.

87.6 Access to register.

The register will not be open to public inspection. It will be available for examination and inspection by duly authorized representatives of the Government, subject to the provisions of $ 7.7. Public examination will be restricted to those instruments which the department or agency of origin has so authorized in writing.

8 7.3 Licenses.

A copy of any license or instrument other than an assignment which conveys to or gives the Government any interest in or under a patent or an application for patent shall be forwarded for recording. The copy will be retained by the Patent and Trademark Office but, when desired, the original will be endorsed and returned.

87.7 Secret register.

Any instrument to be recorded will be placed on a secret record or register at the request of the department or agency submitting the same. No information will be given concerning any instrument in such record or register, and no examination or inspection thereof or of the index thereto will be permitted, except on the written authority of the head of the department or agency which submitted the instrument and requested secrecy, and the approval of such authority by the Commissioner of Patents and Trademarks. No instrument or record other than the one specified may be examined, and the examination must take place in the presence of a designated official of the Patent and Trademark Office. When the department or agency which submitted an instrument no longer requires secrecy with respect to that instrument, it will be recorded or registered anew in the appropriate part of the register which is not secret.

87.4 Abbreviated copy.

If an instrument deals with matters in addition to rights and interests in patents or in applications for patents, or in inventions disclosed therein, a copy of only those portions of the instrument dealing with such rights and interests need be forwarded. In such case, a statement giving the general nature of the entire instrument, the parties involved, the date of the in

INDEX 1-RULES RELATING TO PATENTS

А

... 1.108

Abandoned applications:
Abandonment by failure to prosecute..........

1.135 Abandonment during interference....

1.662(a) Abandonment for failure to pay issue fee..

1.316 Destruction of............

1.14 Express abandonment...

1.138 Not cited...... Processing and retention fee.......

1.21(1) Referred to in issued patents..

1.14 Revival of....

1.137 When to public..........

..1.14 Abandonment of application. (See Abandoned applications.) Abstract of the disclosure...

1.72 Access, petition for.......

1.14 Action by applicant......

1.111-1.138 Address of the Patent and Trademark Office..........

1.1 Box FWC.............

1.62(i) Box Interference.

.1.1(e) Box M. Fee.......

1.1(d) Box PCT..

.1.1(b) Box Reexam...............

1.1(c) Administrator or executor, May make application and receive patent.. 1.42 Proof of authority...........

1.44 Admission to practice. (See Attorneys and agents.) Affidavit (see also Oath in patent application): After appeal..............

.1.195 Before declaration of interference......

1.608 In support of application for reissue.

1.175 In support of interference motion......

.1.639 Testimony in interference..........

1.672 To overcome cited patent or publication......

1.131 Traversing grounds of rejection.......

1.132 Agents. (See Attorneys and agents.) Allowance and issue of patent: Amendment after allowance....

..... 1.312 Delayed payment of issue fee...........

.... 1.316, 1.317 Delivery of patent.............

1.315 Forfeited application..

1.316 Issuance of patent..........

1.314 Notice of allowance....

1.311, 1.313 Patent to issue upon payment of issue fee.....

1.311, 1.314 Patent to lapse if issue fee is not paid in full.. Patent withheld for nonpayment of issue fee......

.1.316 Reasons for........

1.109 Withdrawal from issue.........

1.313 Allowed claims statement of grounds for rejecting, by Board of Patent Appeals and Interferences....

.1.196 Amendment: Adding or substituting claims.......

1.119

... 1.317

... 1.67

Section After appeal.........

1.116 After decision on appeal, based on new rejection of Board of Patent Appeals and Interferences....

1.196 After final action.........

1.116 After notice of allowance.....

1.312 By patent owner....

1.530 Copying claim of another application ......

1.203 Copying claim of issued patent.....

.1.204–1.206 Drawings.........

1.123 Entry and consideration of.........

1.122 Erasures and insertions........

1.121 Involving a departure from original invention...

1.118 Manner of making.

1.121 May be required...........

.1.117 Not covered by original oath.. Numbering of claims..........

1.126 Of amendments...........

1.124 Of claims....

1.119 Of disclosure....

1.118 Of drawing..

.1.123 Of specification...

1.118 Paper and writing..

1.52 Petition from refusal to admit.....

1.127 Proposed during interference..

.1.615 Reissue.......

1.121(e), 1.173 Requisites of....

1.33, 1.111, 1.115, 1.116, 1.121, 1.123, 1.124, 1.125 Right to amend...............

.1.111, 1.115, 1.116, 1.127 Signature to, when no attorney or agent.

1.33 Substitute specification.......

1.125 Time for............

1.135 To accompany motion to amend interference...

1.231 To applications in interference.......

1.615, 1.637 To correct inaccuracies or prolixity.

1.117 To correspond to original drawing or specification.....

..1.118 To reissues...........

1.173, 1.174 To save from abandonment.............

1.135 Appeal to Board of Patent Appeals and Interferences: Action following decision....

1.197 Affidavits after appeal......

.1.195 Brief................

1.192 Decision by Board..

1.196 Examiner's answer.

1.193 Fees.........

1.17 Hearing of............

1.194 New grounds for refusing a patent.....

.1.196 Rehearing...........

1.197 Reopening after decision.......

1.198 Reply brief...........

1.193 Requirements of.............

1.191 Statement of grounds for rejecting, by Board of Patent Appeals and Interferences............

1.196 Time periods........

1.191 Appeal to Court of Appeals for the Federal Circuit: Fee provided by rules of court............

1.301 From Board of Patent Appeals and Interferences..

1.301 Notice and reasons of appeal...........

1.302

Section Time for........

1.302, 1.304 Applicant for patent.............

1.41–1.48 Change.......

1.48 Deceased or insane inventor..

.1.42, 1.43 Executor or administrator.....

1.42 Informed of serial number of application.....

1.55 Joint changed to sole..........

1.48 Letters for, sent to attorney or agent...

1.33 May be represented by an attorney or agent...

1.31 Personal attendance unnecessary..

1.2 Required to conduct business with decorum and courtesy..

1.3 Required to report assistance received.........

1.33 Sole changed to joint..........

1.48 Sole changed to another sole..........

1.48 Application for patent (see also Abandoned applications, Claims, Drawing, Ex

amination of application Reissues, Specification): Accepted and filed for examination only when complete.......

.1.53 Access to............

1.14 Acknowledgement of filing.......

1.54 Alteration after execution forbidden.........

.1.56 Alteration before execution.......................

.1.52 Arrangement..............

1.77 Continuation or division, reexecution not required.

1.60, 1.62 Copies of, furnished to applicants.............

.1.59 Cross-references of related applications..

1.78 Deceased or insane inventor...

.1.42, 1.43 Declaration.......

1.68 Duty of disclosure..........

1.56 Execution in blank forbidden........

.1.56 File Wrapper Continuing application..

.1.62 Filed by other than inventor..

1.42, 1.43, 1.47 Filing date...........

.1.53 Foreign language oath or declaration...

1.69 Formulas and tables......

.1.58 General requisites.....

1.51 Identification required in letters concerning...

1.5 Improper applications...

1.56 Incomplete papers not accepted and filed for examination...

1.53 Interlineations, etc., to be indicated..........

1.52 Language, paper, writing, margin......

1.52 Later filing of oath and filing fee..........

1.53 Must be made by actual inventor, with exceptions...

1.41, 1.46 Names of all inventors required.....

1.41, 1.53 New, after abandonment, may use old drawings..

1.88 Non-English language...

1.52 Owned by Government...

1.103 Papers having filing date not to be returned.

1.59 Parts filed separately....

.1.54 Parts of application desirably filed together.

1.54 Parts of complete application...

1.51 Patent open for inspection......

1.11 Processing fees..........

1.17, 1.21 Relating to atomic energy.

1.14 Reservation for future application not permitted...

1.79 Retention fee......

1.53(d) Secrecy order........

5.1-5.8

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