2002 CFR Title 37, Volume 1

Title 37--Patents, Trademarks, and Copyrights CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE PART 1--RULES OF PRACTICE IN PATENT CASES
	1.1	Addresses for correspondence with the 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 application, patent or registration.
	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 correspondence by ``Express Mail.''
	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	Requests for identifiable records.
	1.16	National application filing 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	Methods of payment.
	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.
	1.31	Applicants may be represented by a registered attorney or agent.
	1.33	Correspondence respecting patent applications, reexamination proceedings, and other proceedings.
	1.34	Recognition for representation.
	1.36	Revocation of power of attorney or authorization; withdrawal of registered attorney or agent.
	1.41	Applicant for patent.
	1.42	When the inventor is dead.
	1.43	When the inventor is insane or legally incapacitated.
	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.
	1.51	General requisites of an application.
	1.52	Language, paper, writing, margins.
	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.
	1.58	Chemical and mathematical formulae and tables.
	1.59	Expungement of information or copy of papers in application file.
	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.
	1.71	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.
	1.77	Arrangement of application elements.
	1.78	Claiming benefit of earlier filing date and cross-references to other applications.
	1.79	Reservation clauses not permitted.
	1.81	Drawings required in patent application.
	1.83	Content of drawing.
	1.84	Standards for drawings.
	1.85	Corrections to drawings.
	1.91	Models or exhibits not generally admitted as part of application or patent.
	1.93	Specimens.
	1.94	Return of models, exhibits or specimens.
	1.95	Copies of exhibits.
	1.96	Submission of computer program listings.
	1.97	Filing of information disclosure statement.
	1.98	Content of information disclosure statement.
	1.99	Third-party submission in published application.
	1.102	Advancement of examination.
	1.103	Suspension of action by the Office.
	1.104	Nature of examination.
	1.105	Requirements for information.
	1.110	Inventorship and date of invention of the subject matter of individual claims.
	1.111	Reply by applicant or patent owner to a non-final Office action.
	1.112	Reconsideration before final action.
	1.113	Final rejection or action.
	1.114	Request for continued examination.
	1.115	Preliminary amendments.
	1.116	Amendments after final action or appeal
	1.121	Manner of making amendments in applications.
	1.125	Substitute specification.
	1.126	Numbering of claims.
	1.127	Petition from refusal to admit amendment.
	1.129	Transitional procedures for limited examination after final rejection and restriction practice.
	1.130	Affidavit or declaration to disqualify commonly owned patent or published application as prior art.
	1.131	Affidavit or declaration of prior invention.
	1.132	Affidavits or declarations traversing rejections or objections.
	1.133	Interviews.
	1.134	Time period for reply to an Office action.
	1.135	Abandonment for failure to reply within time period.
	1.136	Extensions of time.
	1.137	Revival of abandoned application, terminated reexamination proceeding, or lapsed patent.
	1.138	Express abandonment.
	1.141	Different inventions in one national application.
	1.142	Requirement for restriction.
	1.143	Reconsideration of requirement.
	1.144	Petition from requirement for restriction.
	1.145	Subsequent presentation of claims for different invention.
	1.146	Election of species.
	1.151	Rules applicable.
	1.152	Design drawings.
	1.153	Title, description and claim, oath or declaration.
	1.154	Arrangement of application elements in a design application.
	1.155	Expedited examination of design applications.
	1.161	Rules applicable.
	1.162	Applicant, oath or declaration.
	1.163	Specification and arrangement of application elements in a plant application.
	1.164	Claim.
	1.165	Plant drawings.
	1.166	Specimens.
	1.167	Examination.
	1.171	Application for reissue.
	1.172	Applicants, assignees.
	1.173	Reissue specification, drawings, and amendments.
	1.175	Reissue oath or declaration.
	1.176	Examination of reissue.
	1.177	Issuance of multiple reissue patents.
	1.178	Original patent; continuing duty of applicant.
	1.179	Notice of reissue application.
	1.181	Petition to the Commissioner.
	1.182	Questions not specifically provided for.
	1.183	Suspension of rules.
	1.191	Appeal to Board of Patent Appeals and Interferences.
	1.192	Appellant's brief.
	1.193	Examiner's answer and reply brief.
	1.194	Oral hearing.
	1.195	Affidavits or declarations after appeal.
	1.196	Decision by the Board of Patent Appeals and Interferences.
	1.197	Action following decision.
	1.198	Reopening after decision.
	1.198	Reopening after decision.
	1.211	Publication of applications.
	1.213	Nonpublication request.
	1.215	Patent application publication.
	1.217	Publication of a redacted copy of an application.
	1.219	Early publication.
	1.221	Voluntary publication or republication of patent application publication.
	1.248	Service of papers; manner of service; proof of service in cases other than interferences.
	1.251	Unlocatable file.
	1.291	Protests by the public against pending applications.
	1.292	Public use proceedings.
	1.293	Statutory invention registration.
	1.294	Examination of request for publication of a statutory invention registration and patent application to which the request is directed.
	1.295	Review of decision finally refusing to publish a statutory invention registration.
	1.296	Withdrawal of request for publication of statutory invention registration.
	1.297	Publication of statutory invention registration.
	1.301	Appeal to U.S. Court of Appeals for the Federal Circuit.
	1.302	Notice of appeal.
	1.303	Civil action under 35 U.S.C. 145, 146, 306.
	1.304	Time for appeal or civil action.
	1.311	Notice of allowance.
	1.312	Amendments after allowance.
	1.313	Withdrawal from issue.
	1.314	Issuance of patent.
	1.315	Delivery of patent.
	1.316	Application abandoned for failure to pay issue fee.
	1.317	Lapsed patents; delayed payment of balance of issue fee.
	1.321	Statutory disclaimers, including terminal disclaimers.
	1.322	Certificate of correction of Office mistake.
	1.323	Certificate of correction of applicant's mistake.
	1.324	Correction of inventorship in patent, pursuant to 35 U.S.C. 256.
	1.325	Other mistakes not corrected.
	1.335	Filing of notice of arbitration awards.
	1.351	Amendments to rules will be published.
	1.362	Time for payment of maintenance fees.
	1.363	Fee address for maintenance fee purposes.
	1.366	Submission of maintenance fees.
	1.377	Review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of patent.
	1.378	Acceptance of delayed payment of maintenance fee in expired patent to reinstate patent.
	1.401	Definitions of terms under the Patent Cooperation Treaty.
	1.412	The United States Receiving Office.
	1.413	The United States International Searching Authority.
	1.414	The United States Patent and Trademark Office as a Designated Office or Elected Office.
	1.415	The International Bureau.
	1.416	The United States International Preliminary Examining Authority.
	1.417	Submission of translation of international publication.
	1.419	Display of currently valid control number under the Paperwork Reduction Act.
	1.421	Applicant for international application.
	1.422	When the inventor is dead.
	1.423	When the inventor is insane or legally incapacitated.
	1.424	Joint inventors.
	1.425	Filing by other than inventor.
	1.431	International application requirements.
	1.432	Designation of States and payment of designation and confirmation fees.
	1.433	Physical requirements of international application.
	1.434	The request.
	1.435	The description.
	1.436	The claims.
	1.437	The drawings.
	1.438	The abstract.
	1.445	International application filing, processing and search fees.
	1.446	Refund of international application filing and processing fees.
	1.451	The priority claim and priority document in an international application.
	1.455	Representation in international applications.
	1.461	Procedures for transmittal of record copy to the International Bureau.
	1.465	Timing of application processing based on the priority date.
	1.468	Delays in meeting time limits.
	1.471	Corrections and amendments during international processing.
	1.472	Changes in person, name, or address of applicants and inventors.
	1.475	Unity of invention before the International Searching Authority, the International Preliminary Examining Authority and during the national stage.
	1.476	Determination of unity of invention before the International Searching Authority.
	1.477	Protest to lack of unity of invention before the International Searching Authority.
	1.480	Demand for international preliminary examination.
	1.481	Payment of international preliminary examination fees.
	1.482	International preliminary examination fees.
	1.484	Conduct of international preliminary examination.
	1.485	Amendments by applicant during international preliminary examination.
	1.488	Determination of unity of invention before the International Preliminary Examining Authority.
	1.489	Protest to lack of unity of invention before the International Preliminary Examining Authority.
	1.491	National stage commencement and entry.
	1.492	National stage fees.
	1.495	Entering the national stage in the United States of America.
	1.496	Examination of international applications in the national stage.
	1.497	Oath or declaration under 35 U.S.C. 371(c)(4).
	1.499	Unity of invention during the national stage.
	1.501	Citation of prior art in patent files.
	1.502	Processing of prior art citations during an ex parte reexamination proceeding.
	1.510	Request for ex parte reexamination.
	1.515	Determination of the request for ex parte reexamination.
	1.520	Ex parte reexamination at the initiative of the Commissioner.
	1.525	Order for ex parte reexamination.
	1.530	Statement by patent owner in ex parte reexamination; amendment by patent owner in ex parte or inter partes reexamination; inventorship change in ex parte or inter partes reexamination.
	1.535	Reply by third party requester in ex parte reexamination.
	1.540	Consideration of responses in ex parte reexamination.
	1.550	Conduct of ex parte reexamination proceedings.
	1.552	Scope of reexamination in ex parte reexamination proceedings.
	1.555	Information material to patentability in ex parte reexamination and inter partes reexamination proceedings.
	1.560	Interviews in ex parte reexamination proceedings.
	1.565	Concurrent office proceedings which include an ex parte reexamination proceeding.
	1.570	Issuance of ex parte reexamination certificate after ex parte reexamination proceedings.
	1.601	Scope of rules, definitions.
	1.602	Interest in applications and patents involved in an interference.
	1.603	Interference between applications; subject matter of the interference.
	1.604	Request for interference between applications by an applicant.
	1.605	Suggestion of claim to applicant by examiner.
	1.606	Interference between an application and a patent; subject matter of the interference.
	1.607	Request by applicant for interference with patent.
	1.608	Interference between an application and a patent; prima facie showing by applicant.
	1.610	Assignment of interference to administrative patent judge, time period for completing interference.
	1.611	Declaration of interference.
	1.612	Access to applications.
	1.613	Lead attorney, same attorney representing different parties in an interference, withdrawal of attorney or agent.
	1.614	Jurisdiction over interference.
	1.615	Suspension of ex parte prosecution.
	1.616	Sanctions for failure to comply with rules or order or for taking and maintaining a frivolous position.
	1.617	Summary judgment against applicant.
	1.618	Return of unauthorized papers.
	1.621	Preliminary statement, time for filing, notice of filing.
	1.622	Preliminary statement, who made invention, where invention made.
	1.623	Preliminary statement; invention made in United States, a NAFTA country, or a WTO member country.
	1.624	Preliminary statement; invention made in a place other than the United States, a NAFTA country, or a WTO member country.
	1.625	Preliminary statement; derivation by an opponent.
	1.626	Preliminary statement; earlier application.
	1.627	Preliminary statement; sealing before filing, opening of statement.
	1.628	Preliminary statement; correction of error.
	1.629	Effect of preliminary statement.
	1.630	Reliance on earlier application.
	1.631	Access to preliminary statement, service of preliminary statement.
	1.632	Notice of intent to argue abandonment, suppression or concealment by opponent.
	1.633	Preliminary motions.
	1.634	Motion to correct inventorship.
	1.635	Miscellaneous motions.
	1.636	Motions, time for filing.
	1.637	Content of motions.
	1.638	Opposition and reply; time for filing opposition and reply.
	1.639	Evidence in support of motion, opposition, or reply.
	1.640	Motions, hearing and decision, redeclaration of interference, order to show cause.
	1.641	Unpatentability discovered by administrative patent judge.
	1.642	Addition of application or patent to interference.
	1.643	Prosecution of interference by assignee.
	1.644	Petitions in interferences.
	1.645	Extension of time, late papers, stay of proceedings.
	1.646	Service of papers, proof of service.
	1.647	Translation of document in foreign language.
	1.651	Setting times for discovery and taking testimony, parties entitled to take testimony.
	1.652	Judgment for failure to take testimony or file record.
	1.653	Record and exhibits.
	1.654	Final hearing.
	1.655	Matters considered in rendering a final decision.
	1.656	Briefs for final hearing.
	1.657	Burden of proof as to date of invention.
	1.658	Final decision.
	1.659	Recommendation.
	1.660	Notice of reexamination, reissue, protest, or litigation.
	1.661	Termination of interference after judgment.
	1.662	Request for entry of adverse judgment; reissue filed by patentee.
	1.663	Status of claim of defeated applicant after interference.
	1.664	Action after interference.
	1.665	Second interference.
	1.666	Filing of interference settlement agreements.
	1.671	Evidence must comply with rules.
	1.672	Manner of taking testimony.
	1.673	Notice of examination of witness.
	1.674	Persons before whom depositions may be taken.
	1.675	Examination of witness, reading and signing transcript of deposition.
	1.676	Certification and filing by officer, marking exhibits.
	1.677	Form of an affidavit or a transcript of deposition.
	1.678	Time for filing transcript of deposition.
	1.679	Inspection of transcript.
	1.685	Errors and irregularities in depositions.
	1.687	Additional discovery.
	1.690	Arbitration of interferences.
	1.701	Extension of patent term due to examination delay under the Uruguay Round Agreements Act (original applications, other than designs, filed on or after June 8, 1995, and before May 29, 2000).
	1.702	Grounds for adjustment of patent term due to examination delay under the Patent Term Guarantee Act of 1999 (original applications, other than designs, filed on or after May 29, 2000).
	1.703	Period of adjustment of patent term due to examination delay.
	1.704	Reduction of period of adjustment of patent term.
	1.705	Patent term adjustment determination.
	1.710	Patents subject to extension of the patent term.
	1.720	Conditions for extension of patent term.
	1.730	Applicant for extension of patent term; signature requirements.
	1.740	Formal requirements for application for extension of patent term; correction of informalities.
	1.741	Complete application given a filing date; petition procedure.
	1.750	Determination of eligibility for extension of patent term.
	1.760	Interim extension of patent term under 35 U.S.C. 156(e)(2).
	1.765	Duty of disclosure in patent term extension proceedings.
	1.770	Express withdrawal of application for extension of patent term.
	1.775	Calculation of patent term extension for a human drug, antibiotic drug or human biological product.
	1.776	Calculation of patent term extension for a food additive or color additive.
	1.777	Calculation of patent term extension for a medical device.
	1.778	Calculation of patent term extension for an animal drug product.
	1.779	Calculation of patent term extension for a veterinary biological product.
	1.780	Certificate or order of extension of patent term.
	1.785	Multiple applications for extension of term of the same patent or of different patents for the same regulatory review period for a product.
	1.790	Interim extension of patent term under 35 U.S.C. 156(d)(5).
	1.791	Termination of interim extension granted prior to regulatory approval of a product for commercial marketing or use.
	1.801	Biological material.
	1.802	Need or opportunity to make a deposit.
	1.803	Acceptable depository.
	1.804	Time of making an original deposit.
	1.805	Replacement or supplement of deposit.
	1.806	Term of deposit.
	1.807	Viability of deposit.
	1.808	Furnishing of samples.
	1.809	Examination procedures.
	1.821	Nucleotide and/or amino acid sequence disclosures in patent applications.
	1.822	Symbols and format to be used for nucleotide and/or amino acid sequence data.
	1.823	Requirements for nucleotide and/or amino acid sequences as part of the application.
	1.824	Form and format for nucleotide and/or amino acid sequence submissions in computer readable form.
	1.825	Amendments to or replacement of sequence listing and computer readable copy thereof.
	1.902	Processing of prior art citations during an inter partes reexamination proceeding.
	1.903	Service of papers on parties in inter partes reexamination.
	1.904	Notice of inter partes reexamination in Official Gazette.
	1.905	Submission of papers by the public in inter partes reexamination.
	1.906	Scope of reexamination in inter partes reexamination proceeding.
	1.907	Inter partes reexamination prohibited.
	1.913	Persons eligible to file request for inter partes reexamination.
	1.915	Content of request for inter partes reexamination.
	1.919	Filing date of request for inter partes reexamination.
	1.923	Examiner's determination on the request for inter partes reexamination.
	1.925	Partial refund if request for inter partes reexamination is not ordered.
	1.927	Petition to review refusal to order inter partes reexamination.
	1.931	Order for inter partes reexamination.
	1.933	Patent owner duty of disclosure in inter partes reexamination proceedings.
	1.935	Initial Office action usually accompanies order for inter partes reexamination.
	1.937	Conduct of inter partes reexamination.
	1.939	Unauthorized papers in inter partes reexamination.
	1.941	Amendments by patent owner in inter partes reexamination.
	1.943	Requirements of responses, written comments, and briefs in inter partes reexamination.
	1.945	Response to Office action by patent owner in inter partes reexamination.
	1.947	Comments by third party requester to patent owner's response in inter partes reexamination.
	1.948	Limitations on submission of prior art by third party requester following the order for inter partes reexamination.
	1.949	Examiner's Office action closing prosecution in inter partes reexamination.
	1.951	Options after Office action closing prosecution in inter partes reexamination.
	1.953	Examiner's Right of Appeal Notice in inter partes reexamination.
	1.955	Interviews prohibited in inter partes reexamination proceedings.
	1.956	Patent owner extensions of time in inter partes reexamination.
	1.957	Failure to file a timely, appropriate or complete response or comment in inter partes reexamination.
	1.958	Petition to revive terminated inter partes reexamination or claims terminated for lack of patent owner response.
	1.959	Notice of appeal and cross appeal to Board of Patent Appeals and Interferences in inter partes reexamination.
	1.961	Jurisdiction over appeal in inter partes reexamination.
	1.962	Appellant and respondent in inter partes reexamination defined.
	1.963	Time for filing briefs in inter partes reexamination.
	1.965	Appellant's brief in inter partes reexamination.
	1.967	Respondent's brief in inter partes reexamination.
	1.969	Examiner's answer in inter partes reexamination.
	1.971	Rebuttal brief in inter partes reexamination.
	1.973	Oral hearing in inter partes reexamination.
	1.975	Affidavits or declarations after appeal in inter partes reexamination.
	1.977	Decision by the Board of Patent Appeals and Interferences; remand to examiner in inter partes reexamination.
	1.979	Action following decision by the Board of Patent Appeals and Interferences or dismissal of appeal in inter partes reexamination.
	1.981	Reopening after decision by the Board of Patent Appeals and Interferences in inter partes reexamination.
	1.983	Patent owner appeal to the United States Court of Appeals for the Federal Circuit in inter partes reexamination.
	1.985	Notification of prior or concurrent proceedings in inter partes reexamination.
	1.987	Suspension of inter partes reexamination proceeding due to litigation.
	1.989	Merger of concurrent reexamination proceedings.
	1.991	Merger of concurrent reissue application and inter partes reexamination proceeding.
	1.993	Suspension of concurrent interference and inter partes reexamination proceeding.
	1.995	Third party requester's participation rights preserved in merged proceeding.
	1.997	Issuance of inter partes reexamination certificate.