1999 CFR Title 37, Volume 1

Title 37--Patents, Trademarks, and Copyrights CHAPTER I--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 processing fees.
	1.18	Patent 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.
	1.24	Coupons.
	1.25	Deposit accounts.
	1.26	Refunds.
	1.27	Statement of status as small entity.
	1.28	Effect on fees of failure to establish status, or change status, as a small entity.
	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.
	1.44	Proof of authority.
	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.
	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).
	1.77	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.
	1.102	Advancement of examination.
	1.103	Suspension of action.
	1.104	Nature of examination.
	1.110	Inventorship and date of invention of the subject matter of individual claims.
	1.111	Reply by applicant or patent owner.
	1.112	Reconsideration before final action.
	1.113	Final rejection or action.
	1.116	Amendments after final action or appeal
	1.121	Manner of making amendments.
	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 to overcome cited patent or publication.
	1.132	Affidavits or declarations traversing grounds of rejection.
	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 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.
	1.155	Issue of design patents.
	1.161	Rules applicable.
	1.162	Applicant, oath or declaration.
	1.163	Specification and arrangement of application elements.
	1.164	Claim.
	1.165	Plant drawings.
	1.166	Specimens.
	1.167	Examination.
	1.171	Application for reissue.
	1.172	Applicants, assignees.
	1.173	Specification.
	1.174	Drawings.
	1.175	Reissue oath or declaration.
	1.176	Examination of reissue.
	1.177	Reissue in divisions.
	1.178	Original patent.
	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.
	1.248	Service of papers; manner of service; proof of service in cases other than interferences.
	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.
	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.
	1.419	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	Entry into the national stage.
	1.492	National stage fees.
	1.494	Entering the national stage in the United States of America as a Designated Office.
	1.495	Entering the national stage in the United States of America as a Elected Office.
	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.
	1.510	Request for reexamination.
	1.515	Determination of the request for reexamination.
	1.520	Reexamination at the initiative of the Commissioner.
	1.525	Order for reexamination.
	1.530	Statement; amendment by patent owner.
	1.535	Reply by requester.
	1.540	Consideration of responses.
	1.550	Conduct of reexamination proceedings.
	1.552	Scope of reexamination in reexamination proceedings.
	1.555	Information material to patentability in reexamination proceedings.
	1.560	Interviews in reexamination proceedings.
	1.565	Concurrent office proceedings.
	1.570	Issuance of reexamination certificate after 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.
	1.609	Preparation of interference papers by examiner.
	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.
	1.682	Official records and printed publications.