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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

SUBCHAPTER PRACTICE BEFORE THE PATENT AND TRADEMARK OFFICE

PART PART 10 - [Reserved]

PART PART 11 - REPRESENTATION OF OTHERS BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE

Subpart A - General Provisions

GENERAL INFORMATION