Title 37 - Code of Federal Regulations
Patents, Trademarks, and Copyrights
USA Laws
AND TRADEMARK OFFICE,
DEPARTMENT OF COMMERCE
SUBCHAPTER A - GENERAL
PATENTS
Part
1 Rules of practice in patent cases
3 Assignment, recording and rights of assignee
4 Complaints regarding invention promoters
5 Secrecy of certain inventions and licenses to export and
file applications in foreign countries
Index I - Rules pertaining to patents
PRACTICE BEFORE THE
PATENT AND TRADEMARK OFFICE
10 Representation of others before the Patent and
Trademark Office
11 Representation of others before the United States
Patent and Trademark Office
Index II - Rules relating to practice before the United States
Patent and Trademark Office
15 [Reserved]
15a [Reserved]
41 Practice before the Board of Patent Appeals and
Interferences
SUBCHAPTER B — ADMINISTRATION
100 [Reserved]
101 [Reserved]
102 Disclosure of government information
104 Legal processes
SUBCHAPTER C—PROTECTION OF
FOREIGN MASK WORKS
150 Requests for Presidential proclamations pursuant
to 17 U.S.C. 902(a)(2)
_______________________________________________
SUBCHAPTER A - GENERAL
PART 1 - RULES OF PRACTICE IN
PATENT CASES
Subpart A - General Provisions
GENERAL INFORMATION AND
CORRESPONDENCE
Sec.
1.1 Addresses for non-trademark correspondence with
the United States Patent and Trademark Office.
1.2 Business to be transacted in writing.
1.3 Business to be conducted with decorum and
courtesy.
1.4 Nature of correspondence and signature
requirements.
1.5 Identification of patent, patent application, or patentrelated proceeding.
1.6 Receipt of correspondence.
1.7 Times for taking action; Expiration on Saturday,
Sunday, or Federal holiday.
1.8 Certificate of mailing or transmission.
1.9 Definitions.
1.10 Filing of papers and fees by “Express Mail.”
RECORDS AND FILES OF THE
PATENT AND TRADEMARK OFFICE
1.11 Files open to the public.
1.12 Assignment records open to public inspection.
1.13 Copies and certified copies.
1.14 Patent applications preserved in confidence.
1.15 [Reserved]
MANUAL OF PATENT EXAMINING PROCEDURE
Rev. 8, July 2010 R-2
FEES AND PAYMENT OF MONEY
1.16 National application filing, search, and examination
fees.
1.17 Patent application and reexamination processing
fees.
1.18 Patent post allowance (including issue) fees.
1.19 Document supply fees.
1.20 Post issuance fees.
1.21 Miscellaneous fees and charges.
1.22 Fees payable in advance.
1.23 Method of payment.
1.24 [Reserved]
1.25 Deposit accounts.
1.26 Refunds.
1.27 Definition of small entities and establishing status as
a small entity to permit payment of small entity fees;
when a determination of entitlement to small entity
status and notification of loss of entitlement to small
entity status are required; fraud on the Office.
1.28 Refunds when small entity status is later established;
how errors in small entity status are excused.
Subpart B - National Processing Provision
PROSECUTION OF APPLICATION
AND APPOINTMENT OF ATTORNEY
OR AGENT
1.31 Applicant may be represented by one or more patent
practitioners or joint inventors.
1.32 Power of attorney.
1.33 Correspondence respecting patent applications,
reexamination proceedings, and other proceedings.
1.34 Acting in a representative capacity.
1.36 Revocation of power of attorney; withdrawal of
patent attorney or agent.
WHO MAY APPLY FOR A PATENT
1.41 Applicant for patent.
1.42 When the inventor is dead.
1.43 When the inventor is insane or legally incapacitated.
1.44 [Reserved]
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 in a patent application,
other than a reissue application, pursuant to
35 U.S.C. 116.
THE APPLICATION
1.51 General requisites of an application.
1.52 Language, paper, writing, margins, compact disc
specifications.
1.53 Application number, filing date, and completion
of application.
1.54 Parts of application to be filed together; filing
receipt.
1.55 Claim for foreign priority.
1.56 Duty to disclose information material to
patentability.
1.57 Incorporation by reference.
1.58 Chemical and mathematical formulae and tables.
1.59 Expungement of information or copy of papers in
application file.
1.60 [Reserved]
1.61 [Reserved]
1.62 [Reserved]
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 declarations.
1.70 [Reserved]
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).
1.76 Application data sheet
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