[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88737-88738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25693]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No.: PTO-P-2024-0052]


Manual of Patent Examining Procedure, Ninth Edition, Revision 
January 2024

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Notice.

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SUMMARY: To provide updates to patent examination policy and procedures 
in a single source, which will improve access to essential guidance for 
all stakeholders and help to ensure issuance of robust and reliable 
patents that promote and protect innovation, the United States Patent 
and Trademark Office (USPTO or Office) issued a revision of the Ninth 
Edition of the Manual of Patent Examining Procedure (MPEP), published 
in November 2024 (January 2024 revision). The MPEP provides patent 
examiners and the public with a reference work on the practices and 
procedures relative to the prosecution of patent applications and other 
proceedings before the USPTO. The MPEP contains instructions to 
examiners, as well as other material in the nature of information and 
interpretation, and outlines the current procedures that examiners are 
required or authorized to follow in appropriate cases in the normal 
examination of patent applications and during other Office proceedings.

ADDRESSES: The USPTO prefers that any suggestions for improving the 
form and content of the MPEP be submitted via email to 
<a href="/cdn-cgi/l/email-protection#dfb2afbaafb9bababbbdbebcb49faaacafabb0f1b8b0a9"><span class="__cf_email__" data-cfemail="ee839e8b9e888b8b8a8c8f8d85ae9b9d9e9a81c0898198">[email protected]</span></a> or via the IdeaScale[supreg] tool accessed from 
www.uspto.gov/MPEP. Written comments may also be submitted by mail 
addressed to: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 
22313-1450, marked to the attention of Editor, Manual of Patent 
Examining Procedure.

FOR FURTHER INFORMATION CONTACT: Jeanne Clark, Editor of the MPEP, by 
email at <a href="/cdn-cgi/l/email-protection#f9b39c9897979cd7ba95988b92b98c8a898d96d79e968f"><span class="__cf_email__" data-cfemail="1d57787c737378335e717c6f765d686e6d6972337a726b">[email protected]</span></a>, or telephone at 571-272-7714; Monique 
Cole, Senior Patent Examination Policy Advisor, by email at 
<a href="/cdn-cgi/l/email-protection#c28fadacabb3b7a7ec81adaea782b7b1b2b6adeca5adb4"><span class="__cf_email__" data-cfemail="b6fbd9d8dfc7c3d398f5d9dad3f6c3c5c6c2d998d1d9c0">[email protected]</span></a>, or telephone at 571-272-1463; or Kathy Mosser, 
Senior Patent Examination Policy Advisor, by email at 
<a href="/cdn-cgi/l/email-protection#1952786d71757c7c773754766a6a7c6b596c6a696d76377e766f"><span class="__cf_email__" data-cfemail="1a517b6e72767f7f7434577569697f685a6f696a6e75347d756c">[email protected]</span></a>, or telephone at 571-272-4435.

SUPPLEMENTARY INFORMATION: The USPTO issued a revision to the Ninth 
Edition of the MPEP (January 2024 revision), published in November 
2024, which provides USPTO patent examiners, applicants, attorneys, 
agents, representatives of applicants, and other members of the public 
with a reference work on the practices and procedures relative to the 
prosecution of patent applications and other proceedings before the 
USPTO. The MPEP contains instructions to examiners, as well as other 
material in the nature of information and interpretation, and outlines 
the current procedures that examiners are required or authorized to 
follow in the normal examination of patent applications and during 
other Office proceedings. Although the MPEP does not have the force of 
law or the force of the rules in 37 CFR, it ``is well known to those 
registered to practice in the [US]PTO and reflects the presumptions 
under which the [US]PTO operates.'' Critikon, Inc. v. Becton Dickinson 
Vascular Access, Inc., 120 F.3d 1253, 1257, 43 USPQ2d 1666, 1669 (Fed. 
Cir. 1997).
    In the November 2024 publication of the January 2024 revision to 
the MPEP, sections of chapters 200-700, 900-1600, 1800, and 2100-2900 
have been updated. The updated sections have a revision indicator of 
[R-01.2024], meaning these sections have been updated to include 
changes based on published guidance documents (e.g.,

[[Page 88738]]

rulemaking, notices, guidelines, and memorandums) that were in effect 
on or before January 31, 2024. In addition, Chapter FPC (Form Paragraph 
Book), the Title Page, Foreword, Introduction, Subject Matter Index, 
Appendix II, Appendix L, and Appendix R have been updated. The changes 
in the November 2024 publication are discussed in the Change Summary 
for the Ninth Edition, Revision 01.2024. The Change Summary is 
available at www.uspto.gov/MPEP. Citation to a revised section in this 
revision of the MPEP should be to ``e9 r01.2024,'' e.g., MPEP 2163 (e9 
r01.2024).
    The November 2024 publication of the January 2024 revision of the 
MPEP may be viewed or downloaded free of charge from the USPTO website 
at www.uspto.gov/MPEP and is available to search online at 
mpep.uspto.gov. Archived copies of each of the prior revisions and 
editions of the MPEP continue to be available for reference on the 
USPTO website at www.uspto.gov/web/offices/pac/mpep/old/index.htm.

Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2024-25693 Filed 11-7-24; 8:45 am]
BILLING CODE 3510-16-P


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