October; Veterans' Day, the fourth Monday in October; Thanksgiving Day, the fourth Thursday in November; Christmas Day, December 25; Inauguration Day (January 20, every four years). Whenever a holiday falls on a Sunday, the following day (Monday) is also a holiday. Ex. Order 10,358; 17 F.R. 5269. When a holiday falls on a Saturday, the preceding day, Friday, is considered to be a holiday within the District of Columbia and the Patent Office will be closed for business on that day (5 U.S.C. 6103). Accordingly, any action or fee due on such a holiday Friday or Saturday is to be considered timely if the action is taken, or the fee paid, on the next succeeding day which is not a Saturday, Sunday or a holiday. RECORDS AND FILES OF THE PATENT OFFICE 11. Files open to the public. (a) After a patent has been issued, the specification, drawings, and all papers relating to the case in the file of the patent are open to inspection by the general public, and copies may be furnished upon paying the fee therefor. The file of any terminated interference involving a patent, or an application on which a patent has subsequently issued, is similarly open to public inspection and procurement of copies. See trademark rule 2.27 for trademark files. (b) Applications in which the Office has accepted a request filed under rule 139 are open to inspection by the general public, and copies may be furnished upon paying the fee therefor. 12. Assignment records open to public inspection. The assignment records, relating to original or reissue patents, including digests and indexes, are open to public inspection and copies of any instrument recorded may be obtained upon payment of the fee therefor. Assignment records, digests and indexes, relating to any pending or abandoned application are not available to the public. Copies of any such assignment records and information with respect thereto shall be obtainable only upon written authority of the applicant or his assignee or attorney or agent or upon a showing that the person seeking such information is a bona fide prospective or actual purchaser, mortgagee or licensee of such application, unless it shall be necessary to the proper conduct of business before the Office or as provided by these rules. An order for a copy of an assignment should give the identification of the record. If identified only by the name of the patentee and number of the patent, or in the case of a trademark registration by the name of the registrant and number of the registration, or by name of the applicant and serial number of the application, an extra charge will be made for the time consumed in making a search for such assignment. 13. Copies and certified copies. (a) Copies of patents and trademark registrations and of any records, books, papers or drawings belonging to the Patent Office and open to the public, will be furnished by the Patent Office to any person, and copies of other records or papers will be furnished to persons entitled thereto, upon payment of the fee therefor. (b) Such copies will be authenticated by the seal of the Patent Office and certified by the Commissioner, or in his name attested by an officer of the Patent Office authorized by the Commissioner, upon payment of the fee for the authentication certificate in addition to the fee for the copies. 14. Patent applications preserved in secrecy. (a) Except as provided in rule 11(b) pending patent applications are preserved in secrecy. No information will be given by the Office respecting the filing by any particular person of an application for a patent, the pendency of any particular case before it, or the subject matter of any particular application, nor will access be given to or copies furnished of any pending application or papers relating thereto, without written authority in that particular application from the applicant or his assignee or attorney or agent of record, unless it shall be necessary to the proper conduct of business before the Office or as provided by these rules. (b) Except as provided in rule 11(b) abandoned applications are likewise not open to public inspection, except that if an application referred to in a U.S. patent is abandoned and is available, it may be inspected or copies obtained by any person on written request, without notice to the applicant. Abandoned applications may be destroyed after 20 years from their filing date, except those to which particular attention has been called and which have been marked for preservation. Abandoned applications will not be returned. (c) Applications for patents which disclose or which appear to disclose, or which purport to disclose, inventions or discoveries relating to atomic energy are reported to the Atomic Energy Commission and the Commission will be given access to such applications, but such reporting does not constitute a determination that the subject matter of each application so reported is in fact useful or an invention or discovery or that such application in fact discloses subject matter in categories specified by sections 151 (c) and 151(d) of the Atomic Energy Act of 1954, 68 Stat. 919; 42 U.S.C. 2181. (d) Selected decisions of the Board of Appeals, or of the Commissioner, in abandoned applications not otherwise open to public inspection (paragraph (b) of this rule) may be published or made available for publication at the Commissioner's discretion, unless the applicant timely presents sufficient reasons for not doing so. The applicant will be notified, through the attorney of record in the application file, when it is proposed to release such a decision and a time not less than thirty days set for presenting any such reasons. The fact that the subject matter of the application has not been made public in any manner, or that the same subject matter is being prosecuted in a pending application, will be considered sufficient reason for not releasing the decision if the applicant so requests unless the text of the decision contains no description of such subject matter. Other reasons presented will be duly considered. See trademark rule 2.27 for trademark applications. (Amended July 2, 1971.) 35 U.8.C. 122. Confidential status of applications. Applications for patents shall be kept in confidence by the Patent Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of any Act of Congress or in such special circumstances as may be determined by the Commissioner. NOTE: See rules 5.1 et seq. and 35 U.S.C. 181 et seq. (pp. 143–153) relating to secrecy of certain inventions. See 42 U.S.C. 2181 and 2182 (pp. 26 and 27) relating to atomic energy inventions. See sec. 305 of the National Aeronautics and Space Act, 72 Stat. 435, 42 U.S.C. 2457 (pp. 28 and 29). 15. Requests for identifiable records. (a) Requests for records not disclosed to the public as part of the regular information activity of the Patent Office and which are not otherwise dealt with in the rules in this part may be made by completing Form CD-244, "Application to Inspect Department Records," and submitting this form, in person or by mail, to the Commissioner of Patents, Washington, D.C. 20231. A nonrefundable application fee of $2 must accompany each application. Copies of Form CD-244 are available in the Central Reference and Records Inspection Facility, Room 2122, Department of Commerce Building, Washington, D.C. 20230, the search room of the Patent Reference Branch of the Patent Office, the search room of the Trademark Examining Operation, and in many public information offices and field offices of the Department of Commerce. If the requested record is identifiable, the request will be reviewed by the appropriate official authorized to make an initial determination of the availability of the record. If it is determined that the material is not to be made available to the requesting person, said person shall be notified in writing of that fact and the reasons why the record will not be disclosed. If the record is to be made available, inspection will be permitted in the appropriate Patent Office search room. Fees for copies of records and for searches and related services are payable in accordance with the schedule of fees and charges established in § 4.8 of Title 15, Code of Federal Regulations. (b) Any person whose application to inspect a record has been refused may request a reconsideration of the initial denial by completing and submitting the appropriate section of the Form CD-244. The request for reconsideration should be made within 30 days of the date of the original denial. In submitting such request the party should include any written argument he desires to support his belief that the record requested should be made available. No personal appearance, oral argument, or hearing shall be permitted. The decision upon such request shall be made by the Commissioner of Patents, and shall be based upon the original request, the denial, and any written argument submitted by the person seeking access to the record. The decision upon review shall be promptly made in writing and communicated to the person seeking access. If the decision is wholly or partly in favor of availability, the requested record to such extent shall be made available for inspection as described in paragraph (a) of this rule. To the extent that the decision is adverse to the request, the reasons for the denial shall be stated. A decision upon review completed as provided herein shall constitute the final decision and action of the Patent Office as to the availability of a requested record, except as may be required by court proceedings initiated pursuant to 5 U.S.C. 552 (a) (3). Reconsiderations resulting in final decisions as prescribed herein shall be indexed and made available in the search room of the Patent Reference Branch. (c) Procedures applicable in the event of a subpoena, order, or other compulsory process or demand of a court or other authority shall be those set forth in section 7 of Department Order 64 (32 F.R. 9734, July 4, 1967). FEES AND PAYMENT OF MONEY 21. Patent and miscellaneous fees and charges. In addition to the fees prescribed by statute, the following fees and charges are established by the Patent Office: in C. ch al of of (a) For typewritten copies of records, for each page produced (double $1.50 (b) For photocopies or other reproductions of records, drawings or .30 (c) For copies of plant patents in color--- 1.00 il ce For each brief from the digest of assignments, of 200 words or 1.00 ed Each additional 100 words or fraction thereof___. .10 nd (f) For title reports required for Office use---- 1.00 (g) For translations from foreign languages into English, made only of 4.00 ty ef al For admission to examination for registration to practice, fee pay- 35.00 On registration to practice_. 25.00 le (i) For certificate of good standing as an attorney or agent.. 5.00 (j) (k) For correcting patent drawings, the cost of making the correction, For making patent drawings when facilities are available, the cost of 25.00 3.00 (1) For the mounting of unmounted drawings and photoprints received with patent applications, provided they are of approved permanency-- (m) For photographic prints of patent models, building facilities, etc., if available: For 5 x 7 photographic print‒‒‒‒ 2.00 .50 For 8 x 10 photographic print.. .75 (n) Search of Patent Office records for purposes not otherwise specified in this rule, per half-hour of search or fraction thereof___ (o) [Reserved.] (p) Subscription order for printed copies of patents as issued: Annual service charge for entry of order and one subclass, $2.00, and 20 cents for each additional subclass included; amount to be deposited (for price of copies supplied), as determined with respect to each order. (q) List of U.S. Patents: All patents in a subclass, per sheet (containing 100 patent num- Minimum charge per order__ Patents in a subclass, limited by date or patent number, per 3.00 $0.50 1.00 .50 Minimum charge per order.... 1.00 (r) Local delivery box rental, annual_ 12.00 (s) For publication in the Official Gazette of a notice of the availability of a patent for licensing or sale, each patent----- 3.00 (t) For special service to expedite furnishing items or services ahead of regular order: On orders for copies of United States patents and trademark .50 On all other orders or requests for which special service facilities 1.00 (u) [Reserved.] (v) For items and services, that the Commissioner finds may be supplied, for which fees are not specified by statute or by this rule, such charges as may be determined by the Commissioner with respect to each such item or service. (Amended July 2, 1971.) NOTE: The statutory fees are as follows: 35 U.S.C. 41. Patent fees. (a) The Commissioner shall charge the following fees: 1. On filing each application for an original patent, except in design cases, $65; in addition, on filing or on presentation at any other time, $10 for each claim in independent form which is in excess of one, and $2 for each claim (whether independent or dependent) which is in excess of ten. Errors in payment of the additional fees may be rectified in accordance with regulations of the Commissioner. 2. For issuing each original or reissue patent, except in design cases, $100; in addition, $10 for each page (or portion thereof) of specification as printed, and $2 for each sheet of drawing. |