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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. 1.5 Identification of application, patent or
registration. 1.6 Receipt of letters and papers. 1.7 Times for taking action: Expiration on
Saturday, Sunday or Federal holiday. 1.8 Certificate of mailing. 1.9 Definitions. 1.10 Filing of papers and fees by "Express
Mail” with certificate.
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 1.51 General requisites of an application. 1.52 Language, paper, writing, margins. 1.53 Serial number, filing date, and comple
tion of application. 1.54 Parts of application to be filed togeth
er; filing receipt. 1.55 Claim for foreign priority. 1.56 Duty of disclosure; fraud; striking or
rejection of applications. 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 Continuing or divisional application
for invention disclosed in a prior appli
cation. 1.61 (Reserved) 1.62 File wrapper continuing procedure.
OATH OR DECLARATION 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
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.
1.31 Applicants may be represented by a
registered attorney or agent.
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
1.401 Definitions of terms under the
Patent Cooperation Treaty. 1.412 The United States Receiving Office. 1.413 The United States International
Searching Authority. 1.414 The United States Patent and Trade
mark Ofice as a Designated Office or
Elected Office. 1.415 The International Bureau. 1.416 The United States International Pre
liminary Examining Authority.
APPLICATION 1.421 Applicant for international applica1.425 Filing by other than inventor.
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 legal
ly incapacitated. 1.424 Joint inventors.
THE INTERNATIONAL APPLICATION 1.431 International application require
ments. 1.432 Designation of States and payment
of designation fees. 1.433 Physical requirements of internation
al application. 1.434 The request. 1.435 The description. 1.436 The claims. 1.437 The drawings. 1.438 The abstract.
1.487 Unity of invention before the Inter
national Preliminary Examining Au
thority. 1.488 Determination of unity of invention
before the International Preliminary
Examining Authority. 1.489 Protest to lack of unity of invention
before the International Preliminary Examining Authority.
NATIONAL STAGE 1.491 Entry into the national stage. 1.492 National stage fees. 1.494 Entering the national stage in the
United States of America as a Designat
ed Office. 1.495 Entering the national stage in the
United States of America as an Elected
Office. 1.496 Examination of international appli
cations in the national stage. 1.497 Oath or declaration under 35 U.S.C.
371(c)(4). 1.499 Unity of invention during the nation
1.445 International application filing, proc
essing and search fees. 1.446 Refund of international application
filing and processing fees.
PRIORITY 1.451 The priority claim and priority docu
ment in an international application.
REPRESENTATION 1.455 Representation in international ap
TRANSMITTAL OF RECORD COPY 1.461 Procedures for transmittal of record
copy to the International Bureau.
Subpart D— Reexamination of Patents
CITATION OF PRIOR ART 1.501 Citation of prior art in patent files.
REQUEST FOR REEXAMINATION 1.510 Request for reexamination. 1.515 Determination of the request for re
examination. 1.520 Reexamination at the initiative of
1.465 Timing of application processing
based on the priority date. 1.468 Delays in meeting time limits.
AMENDMENTS 1.471 Corrections and amendments during
international processing. 1.472 Changes in person, name, or address
of applicants and inventors.
UNITY OF INVENTION 1.475 Unity of invention before the Inter
national Searching Authority. 1.476 Determination of unity of invention
before the International Searching Au
thority. 1.477 Protest to lack of unity of invention
before the International Searching Authority.
REEXAMINATION 1.525 Order to reexamine. 1.530 Statement and amendment by patent
owner. 1.535 Reply by requester. 1.540 Consideration of responses. 1.550 Conduct of reexamination proceed
ings. 1.552 Scope of reexamination in reexam
ination proceedings. 1.555 Duty of disclosure in reexamination
proceedings. 1.560 Interviews in reexamination proceed
ings. 1.565 Concurrent office proceedings.
CERTIFICATE 1.570 Issuance of reexamination certificate
after reexamination proceedings.
INTERNATIONAL PRELIMINARY EXAMINATION 1.480 Demand for international prelimi
nary examination. 1.482 International preliminary examina
tion fees. 1.484 Conduct of international preliminary
examination. 1.485 Amendments by applicant during
international preliminary examination.
1.601 Scope of rules, definitions. 1.602 Interest in applications and patents
involved in an interference. 1.603 Interference between applications;
subject matter of the interference.
1.604 Request for interference between ap
plications by an applicant. 1.605 Suggestion of claim to applicant by
examiner. 1.606 Interference between an application
and a patent; subject matter of the in
terference. 1.607 Request by applicant for interference
with patent. 1.608 Interference between an application
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 testimony. 1.652 Judgment for failure to take testimo
ny 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 judg
ment; 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 transcipt of deposition. 1.676 Certification and filing by officer,
marking exhibits. 1.677 Form of a transcript of deposition. 1.678 Transcript of deposition must be
filed. 1.679 Inspection of transcript. 1.682 Official records and printed publica
tions. 1.683 Testimony in another interference,
proceeding, or action. 1.684 Testimony in a foreign country. 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
and a patent; prima facie showing by
applicant. 1.609 Preparation of interference papers
by examiner. 1.610 Assignment of interference to exam
iner-in-chief, time period for completing
interference. 1.611 Declaration of interference. 1.612 Access to applications. 1.613 Lead attorney, same attorney repre
senting different parties in an interfer
ence, 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. 1.617 Summary judgment against appli
cant. 1.618 Return of unauthorized papers. 1.621 Preliminary statement, time for
filing, notice of filing. 1.622 Preliminary statement, who made in
vention, where invention made. 1.623 Preliminary statement; invention
made in United States. 1.624 Preliminary statement; invention
made abroad. 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. 1.630 Reliance on earlier application. 1.631 Access to preliminary statement,
service of preliminary statement. 1.632 Notice of intent to argue abandon
ment, suppression, or concealment by
opponent. 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, oppo
sition, or reply. 1.640 Motions, hearing and decision, rede
claration of interference, order to show
cause. 1.641 Unpatentability discovered by exam
1.710 Patents subject to extension of the
patent term. 1.720 Conditions for extension of patent