justicedao/patent-legal-corpus huggingface dataset:
37 CFR 7.28 — Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Current through: 2024-07-01

Replacement of U.S. registration by registered extension of protection.

§ 7.28 Replacement of U.S. registration by registered extension of protection. (a) A registered extension of protection affords the same rights as those afforded to a previously issued U.S. registration if: (1) Both registrations are owned by the same person and identify the same mark; and (2) All the goods and/or services listed in the U.S. registration are also listed in the registered extension of protection. (b) The holder of an international registration with a registered extension of protection to the United States that meets the requirements of paragraph (a) of this section may file a request to note replacement of the U.S. registration with the extension of protection. If the request contains all of the following, the Office will take note of the replacement in its automated records: (1) The serial number or registration number of the extension of protection; (2) The registration number of the replaced U.S. registration; and (3) The fee required by § 7.6. (c) If the request to note replacement is denied, the Office will notify the holder of the reason(s) for refusal.
37 CFR 7.29 — Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Current through: 2024-07-01

Effect of replacement on U.S. registration.

§ 7.29 Effect of replacement on U.S. registration. A U.S. registration that has been replaced by a registered extension of protection under section 74 of the Act and § 7.28 will remain in force, unless cancelled, expired or surrendered, as long as: (a) The owner of the replaced U.S. registration continues to file affidavits or declarations of use in commerce or excusable nonuse under section 8 of the Act; and (b) The replaced U.S. registration is renewed under section 9 of the Act.
37 CFR 7.30 — Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Current through: 2024-07-01

Effect of cancellation or expiration of international registration.

§ 7.30 Effect of cancellation or expiration of international registration. When the International Bureau notifies the Office of the cancellation or expiration of an international registration, in whole or in part, the Office shall cancel, in whole or in part, the corresponding pending or registered extension of protection to the United States. The date of cancellation of an extension of protection or relevant part shall be the date of cancellation or expiration of the corresponding international registration or relevant part.
37 CFR 7.31 — Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Current through: 2024-07-01

Requirements for transformation of an extension of protection to the United States into a U.S. application.

§ 7.31 Requirements for transformation of an extension of protection to the United States into a U.S. application. If the International Bureau cancels an international registration in whole or in part, under Article 6(4) of the Madrid Protocol, the holder of that international registration may file a request to transform the goods and/or services to which the cancellation applies in the corresponding pending or registered extension of protection to the United States into an application under section 1 or 44 of the Act. (a) The holder of the international registration must file a request for transformation within three months of the date of cancellation of the international registration and include: (1) The serial number or registration number of the extension of protection to the United States; (2) The name and address of the holder of the international registration; (3) Identify the goods and/or services to be transformed, if other than all the goods and/or services that have been cancelled; (4) The application filing fee for at least one class of goods or services required by § 2.6(a)(1) of this chapter; and (5) An email address for receipt of correspondence from the Office. (b) If the request for transformation contains all the elements set forth in paragraph (a) of this section, the extension of protection shall be transformed into an application under section 1 and/or 44 of the Act and accorded the same filing date and the same priority that was accorded to the extension of protection. (c) The application under section 1 and/or 44 of the Act that results from a transformed extension of protection will be examined under part 2 of this chapter. (d) A request for transformation that fails to contain all the elements set forth in paragraph (a) of this section will not be accepted. [68 FR 55769, Sept. 26, 2003, as amended at 69 FR 57186, Sept. 24, 2004; 80 FR 2313, Jan. 16, 2015]
37 CFR 7.36 — Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Current through: 2024-07-01

Affidavit or declaration of use in commerce or excusable nonuse required to avoid cancellation of an extension of protection to the United States.

§ 7.36 Affidavit or declaration of use in commerce or excusable nonuse required to avoid cancellation of an extension of protection to the United States. (a) Subject to the provisions of section 71 of the Act, a registered extension of protection shall remain in force for the term of the international registration upon which it is based unless the international registration expires or is cancelled under section 70 of the Act due to cancellation of the international registration by the International Bureau. (b) During the following time periods, the holder of an international registration must file an affidavit or declaration of use or excusable nonuse, or the registered extension of protection will be cancelled under section 71 of the Act: (1) On or after the fifth anniversary and no later than the sixth anniversary after the date of registration in the United States; and (2) Within the year before the end of every ten-year period after the date of registration in the United States. (3) The affidavit or declaration may be filed within a grace period of six months after the end of the deadline set forth in paragraphs (b)(1) and (b)(2) of this section, with payment of the grace period surcharge per class required by section 71(a)(3) of the Act and § 7.6. (c) For the requirements for the affidavit or declaration, see § 7.37. [68 FR 55769, Sept. 26, 2003, as amended at 75 FR 35977, June 24, 2010]
37 CFR 7.38 — Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Current through: 2024-07-01

Notice to holder of extension of protection.

§ 7.38 Notice to holder of extension of protection. The registration certificate for an extension of protection to the United States includes a notice of the requirement for filing the affidavit or declaration of use or excusable nonuse under section 71 of the Act. However, the affidavit or declaration must be filed within the time period required by section 71 of the Act regardless of whether this notice is received.
37 CFR 7.3 — Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Current through: 2024-07-01

Correspondence must be in English.

§ 7.3 Correspondence must be in English. International applications and registrations, requests for extension of protection and all other related correspondence with the Office must be in English. The Office will not process correspondence that is in a language other than English.
37 CFR 7.40 — Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Current through: 2024-07-01

Petition to Director to review refusal.

§ 7.40 Petition to Director to review refusal. (a) A response to the examiner's initial refusal to accept an affidavit or declaration is required before filing a petition to the Director, unless the examiner directs otherwise. See § 7.39(b) for the deadline for responding to an examiner's Office action. (b) If the examiner maintains the refusal of the affidavit or declaration, the holder may file a petition to the Director to review the examiner's action. The petition must be filed within six months of the date of issuance of the action maintaining the refusal, or the Office will cancel the registration. (c) A decision by the Director is necessary before filing an appeal or commencing a civil action in any court. [68 FR 55769, Sept. 26, 2003, as amended at 73 FR 67776, Nov. 17, 2008] § 7.40, Nt. Effective Date Note: At 86 FR 64334, Nov. 17, 2021, § 7.40 was revised, effective Dec. 1, 2022. At 87 FR 62032, Oct. 13, 2022, the effective date was delayed to Oct. 7, 2023. At 88 FR 62463, Sept. 12, 2023, the effective date was delayed indefinitely. For the convenience of the user, the revised text is set forth as follows: § 7.40 Petition to Director to review refusal. (a) A response to the examiner's initial refusal to accept an affidavit or declaration is required before filing a petition to the Director, unless the examiner directs otherwise. See § 7.39(a) through (c) for the deadline for responding to an examiner's Office action. (b) If the examiner maintains the refusal of the affidavit or declaration, the holder may file a petition to the Director to review the examiner's action. The petition must be filed within the time periods specified in § 7.39(b) and (c). (c) If no petition is filed within the time periods set forth in paragraphs (a) and (b) of this section, the registration will be cancelled. (d) A decision by the Director is necessary before filing an appeal or commencing a civil action in any court.
37 CFR 7.41 — Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Current through: 2024-07-01

Renewal of international registration and extension of protection.

§ 7.41 Renewal of international registration and extension of protection. (a) Any request to renew an international registration and its extension of protection to the United States must be made at the International Bureau in accordance with Article 7 of the Madrid Protocol. (b) A request to renew an international registration or extension of protection to the United States submitted through the Office will not be processed.
37 CFR 7.4 — Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Current through: 2024-07-01

International applications and registrations originating from the USPTO—Requirements to electronically file and communicate with the Office.

§ 7.4 International applications and registrations originating from the USPTO—Requirements to electronically file and communicate with the Office. (a) Unless stated otherwise in this chapter, all correspondence filed with the USPTO relating to international applications and registrations originating from the USPTO must be submitted through TEAS and include a valid email address for correspondence. (b) Applicants and registrants under this section must provide and maintain a valid email address for correspondence with the Office. (c) If an applicant or registrant under this section is a national of a country that has acceded to the Trademark Law Treaty, but not to the Singapore Treaty on the Law of Trademarks, the requirements of paragraphs (a) and (b) of this section do not apply. (d) If TEAS is unavailable, or in an extraordinary situation, an applicant or registrant under this section who is required to file a submission through TEAS may submit a petition to the Director under § 2.146(a)(5) and (c) of this chapter to accept the submission filed on paper. [84 FR 37098, July 31, 2019]
37 CFR 7.7 — Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Current through: 2024-07-01

Payments of fees to International Bureau.

§ 7.7 Payments of fees to International Bureau. (a) For documents filed through TEAS, the following fees may be paid either directly to the International Bureau or through the Office: (1) International application fees; (2) Subsequent designation fees; and (3) Recording fee for an assignment of an international registration under § 7.23. (b) The fees in paragraph (a) of this section may be paid as follows: (1)(i) Directly to the International Bureau by debit to a current account with the International Bureau. In this case, an applicant or holder's submission to the Office must include the International Bureau account number; or (ii) Directly to the International Bureau using any other acceptable method of payment. In this case, an applicant or holder's submission to the Office must include the International Bureau receipt number for payment of the fees; or (2) Through the Office. Fees paid through the Office must be paid in U.S. dollars at the time of submission. See § 2.207 of this chapter for acceptable forms of payment and § 2.208 of this chapter for payments using a deposit account established in the Office. (c) All fees for paper filings must be paid directly to the International Bureau. (d) The International Bureau fee calculator may be viewed on the Web site of the World Intellectual Property Organization, currently available at: http://www.wipo.int/madrid/en/. [68 FR 55769, Sept. 26, 2003, as amended at 69 FR 57185, Sept. 24, 2004]
37 CFR 90.1 — Judicial Review of Patent Trial and Appeal Board Decisions
Current through: 2024-07-01

Scope.

§ 90.1 Scope. The provisions herein govern judicial review for Patent Trial and Appeal Board decisions under chapter 13 of title 35, United States Code. Judicial review of decisions arising out of inter partes reexamination proceedings that are requested under 35 U.S.C. 311, and where available, judicial review of decisions arising out of interferences declared pursuant to 35 U.S.C. 135 continue to be governed by the pertinent regulations in effect on July 1, 2012.
37 CFR 90.3 — Judicial Review of Patent Trial and Appeal Board Decisions
Current through: 2024-07-01

Time for appeal or civil action.

§ 90.3 Time for appeal or civil action. (a) Filing deadline. (1) For an appeal under 35 U.S.C. 141. The notice of appeal filed pursuant to 35 U.S.C. 142 must be filed with the Director of the United States Patent and Trademark Office no later than sixty-three (63) days after the date of the final Board decision. Any notice of cross-appeal is controlled by Rule 4(a)(3) of the Federal Rules of Appellate Procedure, and any other requirement imposed by the Rules of the United States Court of Appeals for the Federal Circuit. (2) For a notice of election under 35 U.S.C. 141(d). The time for filing a notice of election under 35 U.S.C. 141(d) is governed by 35 U.S.C. 141(d). (3) For a civil action under 35 U.S.C. 145 or 146. (i) A civil action must be commenced no later than sixty-three (63) days after the date of the final Board decision. (ii) The time for commencing a civil action pursuant to a notice of election under 35 U.S.C. 141(d) is governed by 35 U.S.C. 141(d). (b) Time computation. (1) Rehearing. A timely request for rehearing will reset the time for appeal or civil action to no later than sixty-three (63) days after action on the request. Any subsequent request for rehearing from the same party in the same proceeding will not reset the time for seeking judicial review, unless the additional request is permitted by order of the Board. (2) Holidays. If the last day for filing an appeal or civil action falls on a Federal holiday in the District of Columbia, the time is extended pursuant to 35 U.S.C. 21(b). (c) Extension of time. (1) The Director, or the Director's designee, may extend the time for filing an appeal, or commencing a civil action, upon written request if: (i) Requested before the expiration of the period for filing an appeal or commencing a civil action, and upon a showing of good cause; or (ii) Requested after the expiration of the period for filing an appeal of commencing a civil action, and upon a showing that the failure to act was the result of excusable neglect. (2) The request must be filed with the Director by electronic mail to the email address indicated on the United States Patent and Trademark Office's web page for the Office of the General Counsel. This electronically submitted request will be accorded a receipt date, which is the date in Eastern Time when the correspondence is received in the Office, regardless of whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia. If there is some circumstance in which electronic mail cannot be used, submission may be by Priority Mail Express® to the Office of the Solicitor, United States Patent and Trademark Office, Mail Stop 8, P.O. Box 1450, Alexandria, Virginia 22313-1450. [77 FR 48677, Aug. 14, 2012, as amended at 89 FR 22086, Mar. 29, 2024]
35 U.S.C. § 101 — Inventions patentable
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS CHAPTER 10 - PATENTABILITY OF INVENTIONS Sec. 101 - Inventions patentable From the U.S. Government Publishing Office, www.gpo.gov §101. Inventions patentable Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. (July 19, 1952, ch. 950, 66 Stat. 797.) Historical and Revision Notes Based on Title 35, U.S.C., 1946 ed., §31 (R.S. 4886, amended (1) Mar. 3, 1897, ch. 391, §1, 29 Stat. 692, (2) May 23, 1930, ch. 312, §1, 46 Stat. 376, (3) Aug. 5, 1939, ch. 450, §1, 53 Stat. 1212). The corresponding section of existing statute is split into two sections, section 101 relating to the subject matter for which patents may be obtained, and section 102 defining statutory novelty and stating other conditions for patentability. Section 101 follows the wording of the existing statute as to the subject matter for patents, except that reference to plant patents has been omitted for incorporation in section 301 and the word "art" has been replaced by "process", which is defined in section 100. The word "art" in the corresponding section of the existing statute has a different meaning than the same word as used in other places in the statute; it has been interpreted by the courts as being practically synonymous with process or method. "Process" has been used as its meaning is more readily grasped than "art" as interpreted, and the definition in section 100(b) makes it clear that "process or method" is meant. The remainder of the definition clarifies the status of processes or methods which involve merely the new use of a known process, machine, manufacture, composition of matter, or material; they are processes or methods under the statute and may be patented provided the conditions for patentability are satisfied. Statutory Notes and Related Subsidiaries Limitation on Issuance of Patents Pub. L. 112–29, §33, Sept. 16, 2011, 125 Stat. 340, provided that: "(a) Limitation .—Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism. "(b) Effective Date.— "(1) In general .—Subsection (a) shall apply to any application for patent that is pending on, or filed on or after, the date of the enactment of this Act [Sept. 16, 2011]. "(2) Prior applications .—Subsection (a) shall not affect the validity of any patent issued on an application to which paragraph (1) does not apply."
35 U.S.C. § 104 — Repealed. Pub. L. 112-29, §3(d), Sept. 16, 2011, 125 Stat. 287
Current through: 2024-12-31

U.S.C. Title 35 - PATENTS 35 U.S.C. United States Code, 2024 Edition Title 35 - PATENTS PART II - PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS CHAPTER 10 - PATENTABILITY OF INVENTIONS Sec. 104 - Repealed. Pub. L. 112-29, §3(d), Sept. 16, 2011, 125 Stat. 287 From the U.S. Government Publishing Office, www.gpo.gov [§104. Repealed. Pub. L. 112–29, §3(d), Sept. 16, 2011, 125 Stat. 287] Section, act July 19, 1952, ch. 950, 66 Stat. 798; Pub. L. 93–596, §1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 94–131, §6, Nov. 14, 1975, 89 Stat. 691; Pub. L. 98–622, title IV, §403(a), Nov. 8, 1984, 98 Stat. 3392; Pub. L. 103–182, title III, §331, Dec. 8, 1993, 107 Stat. 2113; Pub. L. 103–465, title V, §531(a), Dec. 8, 1994, 108 Stat. 4982; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, §13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, §20(j), Sept. 16, 2011, 125 Stat. 335, related to inventions made abroad. Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective upon the expiration of the 18-month period beginning on Sept. 16, 2011, and applicable to certain applications for patent and any patents issuing thereon, see section 3(n) of Pub. L. 112–29, set out as an Effective Date of 2011 Amendment; Savings Provisions note under section 100 of this title.