5.33 [Reserved]¶
[49 FR 13463, Apr. 4, 1984; amended, 61 FR 56439, Nov. 1, 1996, effective Dec. 2, 1996; removed and reserved, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997]
Index I RULES RELATING TO PATENTS¶
A
Abandoned applications:
Abandonment by failure to reply
Abandonment after judgment
Abandonment for failure to pay issue fee
Express abandonment
Processing fee
Referred to in issued patents
Revival of
When open to public inspection
Abandonment of application. (See Abandoned applications.)
Abstract of the disclosure
Access to pending applications (limited)
Action by applicant
Addresses for correspondence with the United States Patent and Trademark Office
Deposit account replenishment
Director of the United States Patent and Trademark Office
Disciplinary Proceedings
FOIA Officer
Generally
Licensing and Review
Office of the General Counsel
Office of the Solicitor
Mail Stops
Mail Stop 8
Mail Stop 24
Mail Stop Assignment Recordation Services
Mail Stop Congressional Relations
Mail Stop Document Services
Mail Stop Ex parte Reexam
Mail Stop Hatch-Waxman PTE
Mail Stop Inter partes Reexam
Mail Stop Interference
Mail Stop L&R
Mail Stop OED
Mail Stop PCT
Maintenance fee payments
Patent correspondence
Patent and Trademark Appeal Board
Privacy Officer
Trademark correspondence
Adjustment of patent term. (see Patent term adjustment due to examination delay.)
Administrator may make application and receive patent (see Legal Representative)
Admission to practice. (See Attorneys and agents.)
Affidavit (See also Oath in patent application):
After appeal
As evidence in a contested case
Attribution or prior public disclosure under the AIA
To disqualify commonly owned patent or published application as prior art
Traversing rejections or objections
Agents. (See Attorneys and agents.)
Allowance and issue of patent:
Amendment after allowance
Application abandoned for nonpayment of issue fee
Deferral of issuance
Delayed payment of issue fee
Failure to pay issue fee
Issuance of patent
Notice of allowance
Patent to issue upon payment of issue fee
Patent to lapse if issue fee is not paid in full
Reasons for
Withdrawal from issue
Amendment:
Adding or substituting claims
After appeal
After decision on appeal, based on new rejection by the Board
After final action
After final action (transitional procedures)
After notice of allowance
Copying claim of another application for interference
Copying claim of issued patent
Deletions and insertions
Drawings
During inter partes review
Manner of making
Not covered by original oath
Numbering of claims
Of amendments
Of claims
Of computer program listing appendix
Of disclosure
Of drawing
Of large tables
Of sequence listing
Of sequence listing XML
Of specification
Paper and writing
Preliminary
Proposed during interference
Provisional application
Reexamination proceedings
Reissue
Requisites of
Right to amend
Signature to
Substitute specification
Time for
To applications in interference
To correct inaccuracies
To correspond to original drawing or specification
To reissues.
To save from abandonment
Within appeal brief
Amino acid sequences. (See Nucleotide and/or amino acid sequences.)
Appeals:
Civil Actions under 35 U.S.C. 145 or 146
To Court of Appeals for the Federal Circuit:
Fee provided by rules of court
From the Patent Trial and Appeal Board
Notice and service
Time for filing notice of appeal
To the Patent Trial and Appeal Board
Affidavits after appeal
Briefs
Decision/Action by Board
Return of jurisdiction to examiner
Termination of proceedings
Ex parte appeals
Examiner’s answer
Fees
Hearing of
Inter partes reexamination
New grounds of rejection
Notice of appeal
Public inspection or publication of decisions
Rehearing
Reopening after final Board decision
Sanctions
What may be appealed
Who may appeal
Applicant for patent:
Assignee or obligated assignee
Correspondence address
Daytime telephone number
Deceased or legally incapacitated inventor
In a continued prosecution application
In an international application
Informed of application number
Inventorship in a provisional application
Legal Representative
Legal Representative
Mailing address and residence of inventors may be provided in oath/declaration or in application data sheet
Must be represented by a patent practitioner if juristic entity
Person making oath or declaration
Personal attendance unnecessary
Required to conduct business with decorum and courtesy
Required to report assistance received
Who may apply for a patent
Application Data sheet
Application for patent (See also Abandoned applications, Claims, Drawing, Examination of applications, Provisional applications, Publication of application, Published application, Reissues, Specification):
Access to
Acknowledgment of filing
Alteration
Application number and filing date
Arrangement
Compact disc submissions (see Electronic documents)
Confidentiality of applications
Continuation or division, reexecution not required
Continued prosecution application
Filed by facsimile
Copies of, furnished to applicants
Cross-references to related applications
Deceased or legally incapacitated inventor
Declaration
Duty of disclosure
Examined only when complete
Filed by other than inventor
Filing date
Filing requirements
Foreign language oath or declaration
Formulas and tables
General requisites
Identification required in letters concerning
Incomplete application not forwarded for examination
Interlineations, etc., to be indicated
Involving national security
Language, paper, writing, margin
Later filing of oath and filing fee
Missing pages when application filed
Naming of inventors:
Application data sheet
In a continued prosecution application
In a provisional application
In an international application
National stage
Inconsistencies between application data sheet and oath or declaration
Joint inventors
Oath/declaration.
Non-English language
Nonpublication request
Numbering of claims
Numbering of paragraphs
Original disclosure not expunged
Parts filed separately
Parts of application desirably filed together
Parts of complete application
Processing fees
Provisional application
Publication of
Published
Relating to atomic energy
Secrecy order
Status information
Tables and formulas
Third party submission in
To contain but one invention unless connected
To whom made
Two or more by same party with conflicting claims
Application number
Arbitration award filing
Arbitration in a contested case before the Board
Assignee:
Correspondence held with assignee(s) of entire interest
Establishing ownership
May conduct prosecution of application
May make application for patent
May take action in Board proceeding
Must consent to application for reissue of patent
Partial assignee(s)
Assignments and recording:
Abstracts of title, fee for
Conditional assignments
Cover sheet required
Corrections
Date of receipt is date of record
Effect of recording
Fees
Formal requirements
If recorded before payment of issue fee, patent may issue to assignee
Impact on entitlement to micro entity status
Impact on small entity status
Joint research agreements
Mailing address for submitting documents
May serve as inventor’s oath or declaration
Must be recorded in Patent and Trademark Office to issue patent to assignee
Must identify patent or application
Orders for copies of
Patent may issue to assignee
Recording of assignments
Records open to public inspection
Requirements for recording
What will be accepted for recording
Atomic energy applications reported to Department of Energy
Attorneys and agents:
Acting in representative capacity
Assignment will not operate as a revocation of power
Certificate of good standing
Complaints
Office cannot aid in selection of
Personal interviews with examiners
Power of attorney
Power to inspect
Representative capacity
Registration fees
Required to conduct business with decorum and courtesy
Revocation of power
Signature and certificate of attorney
Withdrawal of
Authorization of agents. (See Attorneys and agents.)
Award in arbitration
B
Balance in deposit account
Basic filing fee
Benefit of earlier application
Biological material. (See Deposit of biological material.)
Briefs:
In petitions to Director
On appeal to Board
Business to be conducted with decorum and courtesy
Business to be transacted in writing
C
Certificate of correction
Fees
Mistakes not corrected
Certificate of mailing (First Class) or transmission
Certification effect of presentation to Office
Certified copies of records, papers, etc.
Fee for certification
Chemical and mathematical formulae and tables
Citation of prior art in patented file
Citation of references
Civil action (time for commencing under 35 U.S.C. 145 or 146)
Claims (See also Examination of applications):
Amendment of
Commence on separate sheet or electronic page
Conflicting, same applicant or owner
Dependent
Design patent
Effective filing date of (under AIA)
May be in dependent form
More than one permitted
Multiple dependent
Must conform to invention and specification
Notice of rejection of
Numbering of
Part of complete application
Plant patent.
Rejection of
Required
Separate from other parts of application
Twice rejected before appeal
Color drawing
Color photographs
Common ownership, statement by assignee may be required
Compact disc submissions (See Optical disc)
Complaints against examiners, how presented
Complaints regarding invention promoters (See Invention promoters.)
Composition of matter, specimens of ingredients may be required
Computer program listing appendix
Concurrent office proceedings
Conflicting claims, same applicant or owner in two or more applications
Contested cases before the Patent Trial and Appeal Board
Continued examination, request for
Fee
Suspension of action after
Continued prosecution application
Suspension of action in
Continuing application for invention disclosed and claimed in prior application
Control number, display of
Copies of patents, published applications, records, etc.
Copies of records, fees
Copyright notice in specification
Copyright notice on drawings
Correction, certificate of
Correction of inventorship:
In a nonprovisional application
Before filing oath/declaration or application data sheet
By filing an application data sheet
When filing a continuation or divisional application
When filing a continued prosecution application
In a provisional application
By filing a cover sheet
Without filing a cover sheet
In a reexamination proceeding
In an international application
When entering the national stage
In an issued patent
In other than a reissue application
Inconsistencies between application data sheet and oath or declaration
Motion to correct inventorship in an interference
Supplemental application data sheet(s)
Correspondence:
Address:
Change of correspondence address
Established by the office if more than one is specified
Of the U.S. Patent and Trademark Office
Business with the Office to be transacted by
Discourteous communications not entered
Double, with different parties in interest not allowed
Duplicate copies disposed of
Facsimile transmission
Held with attorney or agent
Identification of application or patent in letter relating to
Involving national security
May be held exclusively with assignee(s) of entire interest
Nature of
Patent owners in reexamination
Receipt of letters and papers
Rules for conducting in general
Separate letter for each subject or inquiry
Signature requirements
When no attorney or agent
With attorney or agent after power or authorization is filed
Court of Appeals for the Federal Circuit, appeal to. (See Appeal to Court of Appeals for the Federal Circuit.)
Covered business method patent review (See Transitional program for covered business method patent review)
Credit card payment
Cross-reference to related applications
Customer Number:
Defined
Required to establish a Fee Address
D
Date of invention of subject matter of each claim
Day for taking any action or paying any fee falling on Saturday, Sunday, or Federal holiday
Death or incapacity of inventor
In an international application
Decision by the Patent Trial and Appeal Board
Return of jurisdiction to examiner
Termination of proceedings
Declaration (See also Oath in patent application):
Assignment may serve as
Foreign language
In lieu of oath
In patent application
Substitute statement
Deferral of examination
Definitions:
Applicable to part 42 (Trial Practice Before the Board)
Applicant
Assignment
Claimed invention
Covered business method patent
Customer Number
Director
Document
Effective filing date of a claimed invention
Federal holiday within the District of Columbia
International application
Inventor or inventorship
Joint inventor or coinventor
Joint research agreement
Micro entity
National application
National security classified
Nonprofit organization
Nonprovisonal application
Paper
Patent practitioner or patent practitioner of record
Person (for small entity purposes)
Power of Attorney
Principal
Provisional application
Published application
Recorded document
Revocation
Small business concern
Small entity
Technological invention
Terms under Patent Cooperation Treaty
Deposit accounts
Fees
Deposit of biological material:
Acceptable depository
Biological material
Examination procedures
Furnishing of samples
Need or opportunity to make a deposit
Replacement or supplemental deposit
Term of deposit
Time of making original deposit
Viability of deposit
Deposit of computer program listings
Depositions (See also Testimony in contested cases before the Board):
Certificate of officer to accompany
Original filed as exhibit
Person before whom taken
Transcripts of
Derivation Proceeding:
Arbitration
Common interests in the invention
Content of the petition
Definitions
Fee
Filing date
Institution of derivation proceeding
Pendency
Procedure
Public availability of Board records
Service of petition
Settlement agreements
Time for filing
Who may petition
Description of invention. (See Specification.)
Design Patent Applications:
Arrangement of application elements
Claim
Drawing
Expedited examination
Filing fee
Issue fee
Oath or Declaration
Rules applicable
Title, description and claim
Determination of request for ex parte reexamination
Director of the USPTO (See also Petition to the Director):
Address of
Availability of decisions by
Initiates ex parte reexamination
Disclaimer, statutory:
Fee
Requirements of
Terminal
Disclosure, amendments to add new matter not permitted
Discovery in cases before the Board
Division. (See Restriction of application.)
Document supply fees
Drawing:
Amendment of
Arrangement of views
Arrows
Character of lines
Color
Content of drawing
Copyright notice
Correction
Cost of copies of
Design application
Figure for front page
Filed with application
Graphics
Hatching and shading
Holes
Identification
If of an improvement, must show connection with old structure
Informal drawings
Ink
Lead lines
Legends
Letters
Location of names
Mask work notice
Must be described in and referred to specification
Must show every feature of the invention
No return or release
Numbering of sheets
Numbering of views
Numbers
Original should be retained by applicant
Paper
Part of application papers
Photographs
Plant patent application
Reference characters
Reissue
Release not permitted
Required by law when necessary for understanding
Scale
Security markings
Shading
Size of sheet and margins
Standards for drawings
Symbols
Views
When necessary, part of complete application
Duty of disclosure
Patent term extension
E
Effective filing date of a claimed invention
Election of species
Electronic documents:
Application size fee
Optical disc submissions:
Amino acid sequences
Computer program listing appendix
Incorporation by reference in specification
Large tables
Nucleotide sequences
Requirements
Submitted as part of permanent record
Employee testimony. (See Testimony by Office employees.)
Establishing micro entity status
Establishing small entity status
Evidence in contested cases before the Board
Ex parte appeals:
Action following decision
Amendments during
Appeal brief
Decisions and other actions by the Board
Definitions
Evidence
Examiner’s answer
Extending time periods
Fee
Jurisdiction
Oral hearing
Rehearing
Reply brief
Tolling of time period to file a reply brief
Who may appeal
Ex parte reexamination. (See Reexamination.)
Examination of applications:
Advancement of examination
As to form
Citation of references
Completeness of examiner’s action
Deferral of
Examiner’s action
International-type search
Nature of examination
Reasons for allowance
Reconsideration after rejection if requested
Reissue
Rejection of claims
Request for continued examination
Requirements for information by examiner
Suspension of
Examiners:
Answers on appeal
Complaints against
Interviews with
Executor (See Legal Representative)
Exhibits (See Models and exhibits)
Export of technical data
Express abandonment
Date of receipt of
Petition in regard to
Expungement
Extension of patent term (See also Patent term adjustment):
Due to examination delay under the URAA (35 U.S.C. 154)
Due to regulatory review period (35 U.S.C. 156):
Applicant for
Application for
Calculation of term:
Animal drug product
Food or color additive
Human drug product
Medical device
Veterinary biological product
Certificate of extension
Conditions for
Correction of informalities
Determination of eligibility
Duty of disclosure
Filing date of application
Formal requirements
Incomplete application
Interim extension under 35 U.S.C. 156(d)(5)
Interim extension under 35 U.S.C. 156(e)(2)
Multiple applications
Order granting interim extension
Patents subject to
Priority Mail Express
Signature requirements for application
Termination of interim extension granted under 35 U.S.C. 156(d)(5)
Withdrawal of application
Extension of time
Fees
Interference proceedings
F
Facsimile transmission
Federal holiday within the District of Columbia
Fees and payment of money:
Application size
Credit card
Deposit accounts
Document supply fees
Extension of time
Fee on appeal to the Court of Appeals for the Federal Circuit provided by rules of court
Fees payable in advance
Foreign filing license petition
For international-type search report
Itemization required
Method of payment
Money by mail at risk of sender
Money paid by mistake
Necessary for application to be complete
Petition fees
Post allowance
Prioritized examination under 37 CFR 1.102(e)
Processing fees
Reexamination request
Refunds
Relating to international applications
Schedule of fees and charges
Files open to the public
Filing date of application
Filing, search, and examination fees
Filing in Post Office
Filing of interference settlement agreements
Final rejection:
Appeal from
Response to
When and how given
First Class Mail (includes Priority Mail Express)
Foreign application
License to file
Foreign country:
Taking oath in
Taking testimony in
Foreign mask work protection
Evaluation of request
Definition
Duration of proclamation
Initiation of evaluation
Mailing address
Submission of requests
Formulas and tables in patent applications.
Fraud practiced or attempted on Office
Freedom of Information Act (FOIA)
Appeals from initial determinations or untimely delays
Business information
Correspondence address
Expedited processing
Fees
Public reference facilities
Records
Responses to requests
Responsibility for responding
Time limits
Requirements for making requests
G
Gazette. (See Official Gazette.)
General authorization to charge deposit account
General information and correspondence
Government acquisition of foreign patent rights
Government employee invention
Government interest in patent, recording of
Governmental registers
Guardian of insane person may apply for patent
H
Hague Agreement
Hearings:
Before the Board of Patents Appeals and Interferences
Fee for appeal hearing
Holiday, time for action expiring on
I
Identification of application, patent or registration
Inconsistencies between application data sheet and oath or declaration
Incorporation by reference
Information disclosure statement:
At time of filing application
Content of
Not permitted in provisional applications
Reexamination
Suspension of action to provide time for consideration of an IDS in a CPA
Third party submission of
To comply with duty of disclosure
Information, Public
Inter partes appeals:
Action following decision
Amendments during
Appellant’s brief
Decisions and other actions by the Board
Definitions
Evidence
Examiner’s answer
Extending time periods
Fee
Jurisdiction
Notice of appeal and cross appeal to Board
Oral hearing
Rehearing
Rebuttal brief
Respondent’s brief
Time for filling briefs
Who may appeal
Inter partes reexamination. (See Reexamination.)
Inter partes review:
Amendment of the patent
Content of the petition
Fee
Filing date
Filing of supplemental information
Institution of inter partes review
Multiple proceedings and joinder
Pendency
Preliminary response to petition
Procedure
Response by patent owner
Service of petition
Time for filing
Who may petition
Interferences:
Abandonment of the contest
Access to applications
Addition of patent or application
Amendment during
Applicant requests
Arbitration
Burden of proof
Common interests in the invention
Concession of priority
Copying claims from patent
Declaration of interference
Definitions
Disclaimer to avoid interference
Discovery
Extension of time
In what cases declared
Junior party fails to overcome filing date of senior party
Jurisdiction over involved files
Manner of service of papers
Motions
Notice to file civil action
Notice of declaration
Petitions
Presumption as to order of invention
Priority Statement
Prosecution by owner of entire interest
Records of, when open to public
Requests by applicants
Same party
Sanctions
Secrecy order cases
Service of papers
Statutory disclaimer by patentee during
Suggestion of claims for interference
Suspension of other proceedings
Time period for completion
Translation of document in foreign language
International application. (See Patent Cooperation Treaty.)
International Design Application
Content Requirements
Definition
Examination
Fees
Notification of Refusal
Signature
Who may file
International Preliminary Examining Authority
Interviews with examiner
Invention promoters:
Complaints regarding
Publication of
Reply to
Submission of
Withdrawal of
Definition
Reply to complaint
Inventor (See also Applicant for patent, Application for patent):
Death or legal incapacity of inventor
In an international application
Refuses to sign application
Unavailable
Inventor’s certificate priority benefit
Inventorship and date of invention of the subject matter of individual claims
Issue fee
Issue of patent. (See Allowance and issue of patent.)
J
Joinder of inventions in one application
Joint inventors
Joint patent to inventor and assignee
Jurisdiction:
After decision by Patent Trial and Appeal Board
After notice of allowance
Over involved files
L
Lapsed patents
Legal representative of deceased or incapacitated inventor
Legibility of papers
Letters to the Office. (See Correspondence.)
Library service fee
License and assignment of government interest in patent
License for foreign filing
List of U.S. patents classified in a subclass, cost of
Lost files
M
Mail Stops:
Mail Stop 8
Mail Stop 24
Mail Stop Assignment Recordation Services
Mail Stop Congressional Relations
Mail Stop Document Services
Mail Stop Ex parte Reexam
Mail Stop Hatch-Waxman PTE
Mail Stop Inter partes Reexam
Mail Stop Interference
Mail Stop L&R
Mail Stop OED
Mail Stop Patent Ext
Mail Stop PCT
Maintenance fees
Acceptance of delayed payment of
Address for payments
Address for correspondence (applicant’s)
Review of decision refusing to accept
Submission of
Time for payment of
Mask work notice in specification
Mask work notice on drawing
Mask work protection, foreign
Micro entity status
Microorganisms. (See Deposit of biological material.)
Minimum balance in deposit accounts
Missing pages when application filed
Mistake in patent, certificate thereof issued
Models and exhibits:
Copies of
Disposal without notice unless return arrangements made
If on examination model found necessary request therefor will be made
In contested cases
May be required
Model not generally admitted in application or patent
Not to be taken from the Office except in custody of sworn employee
Return of
Working model may be required
Money. (See Fees and payment of money.)
Motions in interferences
To take testimony in foreign country
N
Name of Applicant or Inventor (see Applicant for patent, Application for patent, Inventor)
New matter inadmissible in application
New matter inadmissible in reissue
Non-English language specification fee
Nonprofit organization:
Definition
Micro entity Status
Small entity status
Notice:
Of allowance of application
Of appeal to the Court of Appeals for the Federal Circuit
Of arbitration award
Of defective ex parte reexamination request
Of declaration of interference
Of oral hearings before the Patent Trial and Appeal Board
Of rejection of an application
Of taking testimony
Nucleotide and/or amino acid sequences:
Amendments to
Disclosure in patent applications
Fee for very long sequence listing (mega-sequence listing)
Form and format for
Format for sequence data
Replacement of
Requirements
Submission on optical disc
Symbols
O
Oath in patent application. (See also Declaration):
Apostles
Assignment may serve as inventor’s oath or declaration
Before whom taken in foreign countries
Before whom taken in United States
By legal representative of deceased or legally incapacitated person
Certificate of Officer administering
Continuation-in-part
Declaration
Foreign language
International application
Inventor’s Certificate
Made by inventor
Made by someone other than inventor
Officers authorized to administer oaths
Part of complete application
Person making
Plant patent application
Reissue application
Requirements of
Sealed
Signature to
Substitute statement
Supplemental
To acknowledge duty of disclosure
When taken abroad to seal all papers
Object of the invention
Office action time for reply
Office fees. (See Fees and payment of money.)
Official action, based exclusively upon the written record
Official business, should be transacted in writing
Official Gazette:
Announces request for reexamination
Notice of issuance of ex parte reexamination certificate
Notice of issuance of inter partes reexamination certificate
Optical disc submission (See Electronic documents)
Oral statements
P
Payment of fees, Method
Paper, definition of
Papers (requirements to become part of Office permanent records)
Papers not received on Saturday, Sunday, or holidays
Patent application. (See Application for patent and Provisional patent applications.)
Patent application publication. (See Published application.)
Patent attorneys and agents. (See Attorneys and agents.)
Patent Cooperation Treaty:
Access to international application files
Amendments and corrections during international processing
Amendments during international preliminary examination
Applicant for international application
Assignee, obligated assignee, or person having sufficient proprietary interest
Changes in person, name or address, where filed
Conduct of international preliminary examination
Copies of international application files
Definition of terms
Delays in meeting time limits
Demand for international preliminary examination
Designation of States
Entry into national stage
Examination at national stage
Fees:
Authorization to charge fees under 37 CFR 1.16
Due on filing of international application.
Failure to pay results in withdrawal of application
Filing, processing and search fees
International Filing Fee
International preliminary examination
National stage
Refunds
Filing by other than inventor
International application requirements
Abstract
Claims
Description
Drawings
Physical requirements
Request
International Bureau
International Preliminary Examining Authority
Inventor deceased or legally incapacitated
Inventors, joint
National stage in the United States:
Commencement
Entry
Examination
Fees
Oath or declaration at national stage
Priority, claim for
Record copy to International Bureau, transmittal procedures
Representation by attorney or agent
Time limits for processing applications
United States as:
Designated or Elected Office
International Searching Authority
Receiving Office
Unity of invention:
Before International Searching Authority
Before International Preliminary Examining Authority
National stage
Protest to lack of
Patent term adjustment due to examination delay
Application for
Determination
Grounds for
Period of adjustment
Reduction of period of adjustment
Patent term extension due to examination delay
Patent term extension due to regulatory review period. (See Extension of patent term due to regulatory review period (35 U.S.C. 156).)
Patent Trial and Appeal Board. (See Appeals.)
Patent Trial Practice and Procedure:
Action by patent owner
Certificate
Citation of authority
Conduct of the proceeding
Counsel
Definitions
Duty of Candor
Fees
Filing of documents, including exhibits
Judgment
Jurisdiction
Management of the record
Mandatory notices
Notice of trial
Oral Argument
Petitions and Motions Practice:
Content of petitions and motions
Default filing times
Decision on petitions or motions
Generally
Notice of basis for relief
Oppositions and replies
Page and word count limits for petitions, motions, oppositions, and replies
Policy
Public Availability
Sanctions
Service of documents
Settlement
Testimony and Production
Admissibility
Applicability of the Federal rules of evidence
Compelling testimony and production
Confidential information in a petition
Discovery
Expert testimony; tests and data
Expungement of confidential information
Form of evidence
Objection; motion to exclude; motion in limine
Protective order
Taking testimony
Termination of trial
Patents (See also Allowance and issue of patent):
Available for license or sale, publication of notice
Certified copies of
Correction of errors in
Disclaimer
Identification required in letters concerning
Lapsed, for nonpayment of issue fee
Price of copies
Records of, open to public
Reissuing of, when defective
Payment of fees
Personal attendance unnecessary
Petition for reissue
Petition to the Director:
Fees
For delayed payment of issue fee
For expungement of papers
For extension of time
For license for foreign filing
For the revival of an abandoned application
From formal objections or requirements
From requirement for restriction
General requirements
In interferences
In reexamination
If examiner refused the ex parte request
Questions not specifically provided for
Suspension of rules
Petition to accept an unintentionally delayed claim for domestic benefit
Petition to accept an unintentionally delayed claim for foreign priority
To exercise supervisory authority
To make special
Untimely unless filed within two months
Photographs
Plant patent applications:
Applicant
Claim
Declaration
Description
Drawings
Examination
Fee for copies
Filing fee
Issue fee
Oath
Rules applicable
Specification and arrangement of application elements
Specimens
Post issuance and reexamination fees
Post-grant review:
Amendment of the patent
Content of the petition
Discovery
Fee
Filing date
Filing of supplemental information
Institution of inter partes review
Multiple proceedings and joinder
Pendency
Preliminary response to petition
Procedure
Response by patent owner
Service of petition
Time for filing
Who may petition
Post Office receipt as filing date
Postal emergency or interruption
Power of attorney. (See Attorneys or agents.)
Power to inspect
Preissuance submissions by third parties
Preliminary amendments
Preliminary Examining Authority, International
Preserved in confidence, applications
Exceptions (status, access or copies available)
Prior art citation in patented files
Prior art statement:
Content of
To comply with duty of disclosure requirement
Prior art submission by third party:
In patent application
In patent file
In protest against pending unpublished application
Prior invention, affidavit or declaration of to overcome rejection
Priority, right of, under treaty or law:
Domestic benefit claim:
Cross-reference to related application(s)
Filing fee must be paid in provisional application
Indication of whether international application was published in English
Must be on application data sheet
Petition to accept, unintentionally delayed
Translation of non-English language provisional application required
Waived if not timely
Foreign priority claim:
Filed after issue fee has been paid
Must be on application data sheet
Petition to accept, unintentionally delayed
Priority document
Time for claiming
Privacy Act
Denial of access to records
Definitions
Disclosure of records
Exemptions
Fees
Grant of access to records
Inquiries
Medical records
Penalties
Requests for records
Requests for correction or amendment
Appeal of initial adverse determination
Review of requests
Processing fees
Proclamation as to protection of foreign mask works
Protests to grants of patent
Provisional applications:
Claiming the benefit of
Converting a nonprovisional to a provisional
Converting a provisional to a nonprovisional
Cover sheet required by § 1.51(c)(1) may be a § 1.76 application data sheet
Definition
Filing date
Filing fee
General requisites
Later filing of fee and cover sheet
Names of inventor(s)
Application data sheet
Correction of
Cover sheet
Joint inventors
No right of priority
No examination
Papers concerning, should identify provisional application as such, by application number
Parts of complete provisional application
Processing fees
Revival of
When abandoned
Provisional rights:
Submission of international publication or English translation thereof pursuant to 35 U.S.C. 154(d)(4)
Public Information
Publication of application
Early publication
Express abandonment to avoid publication
Fee
Nonpublication request
Publication of redacted copy
Republication
Voluntary publication
Published application:
Access to
Certified copies of
Contents
Definition
Preissuance submission in
Records of, open to public
Republication of
R
Reasons for allowance
Reconsideration of Office action
Reconstruction of lost files
Recording of assignments. (See Assignments and recording.)
Records of the Patent and Trademark Office
Reexamination:
Announcement in Official Gazette
Correction of inventorship
Correspondence address
Ex parte proceedings:
Amendments, manner of making
Appeal to Board
Concurrent with interference, reissue, other reexamination, litigation, or office proceeding(s)
Conduct of
Duty of disclosure in
Examiner’s determination to grant or refuse request for
Extensions of time in
Initiated by the Director
Interviews in
Issuance and publication of certificate concludes
Order for reexamination by examiner
Patent owner’s statement
Processing of prior art citations during
Reply to patent owner’s statement to third party requester
Request for
Scope of
Service of papers
Examiner’s action.
Fee
Fees may be charged to deposit account
Identification in letter
Inter partes proceedings
Amendments, manner of making
Appeal to Board
Appeal to C.A.F.C.
Concurrent with interference, reissue, other reexamination, litigation, or office proceeding(s)
Conduct of
Duty of disclosure in
Examiner’s determination to grant or refuse request for
Extensions of time in
Filing date of request for
Issuance of certificate at conclusion of
Merged with concurrent reexamination proceedings
Merged with reissue application
Notice of, in the Official Gazette
Persons eligible to file request for
Processing of prior art citations during
Scope of
Service of papers
Submission of papers by the public
Subsequent requests for
Suspension due to concurrent interference
Suspension due to litigation
Information Disclosure Statements
Open to public
Reconsideration before final action
Refund of fee
Reply to action
Revival of terminated or limited reexamination prosecution
Reference characters in drawings
References cited on examination
Reference filing
Refund of money paid by mistake
International applications
Later establishment of small entity status
Time period for requesting
Register of Government interest in patents
Rehearing:
On appeal to Board
Request for, time for appeal after action on
Reissues:
Amendments
Applicants, assignees
Application for reissue
Application made and sworn to by inventor, if living
Continuing duty of applicant
Declaration
Drawings
Examination of reissue
Filed during ex parte reexamination
Filed during inter partes reexamination
Filing fee
Filing of announcement in Official Gazette
Grounds for and requirements
Issue fee
Multiple applications for reissue of a single patent
Oath
Open to public
Original patent surrendered
Restriction
Specification
Take precedence in order of examination
To contain no new matter
What must accompany application
Rejection:
After two rejections appeal may be taken from examiner to Board
Applicant will be notified of rejection with reasons and references
Based on commonly owned prior art, how overcome
Examiner may rely on admissions by applicant or patent owner, or facts within examiner’s knowledge
Final
Formal objections
References will be cited
Reply brief
Reply to Office action:
Abandonment for failure to
By applicant or patent owner
Substantially complete
Supplemental
Time for
Representative capacity
Request for continued examination
Fee
Suspension of action after
Request for reconsideration
Request for ex parte reexamination
Request for inter partes reexamination
Requirement for submission of information
Restoration of Benefit
Restoration of Right of Priority
Restriction of application.
Claims to nonelected invention withdrawn
Constructive election
Petition from requirements for
Provisional election
Reconsideration of requirement
Requirement for
Subsequent presentation of claims for different invention
Return of correspondence
Revival of abandoned application, terminated or limited reexamination prosecution, or lapsed patent
Unintentional abandonment fee
Revocation of power of attorney or authorization of agent
S
Saturday, when last day falls on
Secrecy order
Sequences:
Amendments to sequence listing and computer readable copy
Disclosure requirements
Sequence data, symbols and format
Submissions in ASCII plain text file
Submissions on optical disc in lieu of paper
Serial number of application
Service of notices in interference cases
Service of papers
Service of process
Shortened period for reply
Signature:
EFS character coded
Handwritten
Implicit certifications
S-signature
To a written assertion of small entity status
To amendments and other papers
To an application for extension of patent term
To express abandonment
To oath
To reissue oath or declaration
When copy is acceptable
Small business concern:
Definition
Micro entity status
Small entity status
Small entity:
Definition
Errors in status excused
Fraud on the office
Federal Government Use License Exceptions
Statement
Statement in parent application
Status establishment
Status update
Solicitor’s address
Species of invention claimed
Specification (See also Application for patent, Claims):
Abstract
Amendments to
Arrangement of
Best mode
Claim(s)
Commence on separate sheet
Contents of
Copyright notice
Cross-references to other applications
Description of the invention
If defective, reissue to correct
Mask work notice
Must conclude with specific and distinct claim
Must point out new improvements specifically
Must refer by figures to drawings
Must set forth the precise invention
Object of the invention
Order of arrangement in framing
Paper, writing, margins
Paragraph numbering
Part of complete application
Reference to drawings
Requirements of
Separate from other parts of application
Substitute
Summary of the invention
Title of the invention
To be rewritten, if necessary
Specimens. (See Models and exhibits.)
Specimens of composition of matter to be furnished when required
Specimens of plants
Statement of status as small entity
Status information
Statutory disclaimer fee
Submission of international publication or English translation thereof pursuant to 35 U.S.C. 154(d)(4)
Sufficient funds in deposit account
Summary of invention
Sunday, when last day falls on
Supervisory authority, petition to Director to exercise
Supplemental examination of patents:
Conclusion of
Conduct of
Content of request
Filing of papers in supplemental examination
Format of papers filed
Procedure after conclusion
Publication of certificate
Supplemental oath /declaration
Surcharge for oath or basic filing fee filed after filing date
Suspension of action
Suspension of rules
Symbols for drawings
Symbols for nucleotide and/or amino acid sequence data
T
Tables in patent applications
Terminal disclaimer
Testimony by Office employees
Testimony in cases before the Board
Compelling testimony and production
Expert testimony
Taking testimony
Third party submission in application
Time expiring on Saturday, Sunday, or holiday
Time for claiming benefit of prior (domestic) application
Time for claiming foreign priority
Time for filing preliminary amendment to ensure entry thereof
Time for payment of issue fee
Time for payment of publication fee
Time for reply by applicant
Time for reply to Office action
Time for requesting a refund
Time, periods of
Timely filing of correspondence
Title of invention
Title reports, fee for
Transitional procedures
Transitional program for covered business method patent review:
Content of petition
Definitions
Pendency
Procedure
Time for filing
Who may petition
Trial practice before the Board
U
Unintentional abandonment
United States as
Designated Office
Elected Office
International Preliminary Examining Authority
International Searching Authority
Receiving Office
Unlocatable files
Unsigned continuation or divisional application
Use of file of parent application
W
Waiver of confidentiality
Withdrawal from issue
Withdrawal of attorney or agent