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SEVENTH EDITION REVISIONS

Revision 1, July 1970. Includes amendments to rules effective: March 7, 1970: 35 F.R. 4259, March 7, 1970; 872 O.G. 1387, March 31, 1970: Rule 181(g).

April 22, 1970: 35 F.R. 6430, April 22, 1970; 874 O.G. 688, May 19, 1970: Rules 5.18 and 5.19.

INSTRUCTIONS

To bring Rules up to date:

Insert this page (ii-A) ahead of "Contents" page iii.

Replace the following pages with new pages transmitted

[blocks in formation]

It is suggested that replaced pages be retained in the back of

the manual as a record of changes.

Rules of Practice-July 1970
ii-A

Introduction

THE UNITED STATES PATENT OFFICE

ESTABLISHMENT. The Patent Office was established to administer the patent laws enacted by Congress in accordance with article I, section 8, of the Constitution. The first of these laws was enacted April 10, 1790 (1 Stat. 109), but the Patent Office as a distinct bureau, in the Department of State, dates from the year 1802, when an official who became known as the Superintendent of Patents was placed in charge. The general revision of the patent laws enacted July 4, 1836 (5 Stat. 117), reorganized the Patent Office and designated the official in charge as Commissioner of Patents. Another general revision of the patent laws was made in 1870, and since that date numerous acts of Congress relating to patents were passed, until they were revised and codified, effective January 1, 1953, as title 35 of the United States Code. The Patent Office also administers the Federal trademark laws (title 15, secs. 1051 to 1127 of the United States Code). The Patent Office was transferred from the Department of the Interior, in which Department it had been since 1849, to the Department of Commerce by Executive order on April 1, 1925, in accordance with the authority contained in the act of February 14, 1903 (32 Stat. 830). The Patent Office is located at 2111 Jefferson Davis Hwy., Arlington, Va.

FUNCTIONS. The chief functions of the Patent Office are to administer the patent laws as they relate to the granting of letters patent for inventions, and to perform other duties relating to patents. It examines applications for patents to ascertain if the applicants are entitled to patents under the law, and grants the patents when they are so entitled; it publishes issued patents and various publications concerning patents and patent laws, records assignments of patents, maintains a search room for the use of the public to examine issued patents and records, supplies copies of records and other papers, supplies information concerning patents, and the like. Analogous and similar functions are performed with respect to the registration of trademarks.

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