justicedao/patent-legal-corpus huggingface dataset:
37 CFR 1.171 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Application for reissue.

§ 1.171 Application for reissue. An application for reissue must contain the same parts required for an application for an original patent, complying with all the rules relating thereto except as otherwise provided, and in addition, must comply with the requirements of the rules relating to reissue applications. [62 FR 53196, Oct. 10, 1997]
37 CFR 1.172 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Reissue applicant.

§ 1.172 Reissue applicant. (a) The reissue applicant is the original patentee, or the current patent owner if there has been an assignment. A reissue application must be accompanied by the written consent of all assignees, if any, currently owning an undivided interest in the patent. All assignees consenting to the reissue must establish their ownership in the patent by filing in the reissue application a submission in accordance with the provisions of § 3.73(c) of this chapter. (b) A reissue will be granted to the original patentee, his legal representatives or assigns as the interest may appear. [77 FR 48821, Aug. 14, 2012]
37 CFR 1.176 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Examination of reissue.

§ 1.176 Examination of reissue. (a) A reissue application will be examined in the same manner as a non-reissue, non-provisional application, and will be subject to all the requirements of the rules related to non-reissue applications. Applications for reissue will be acted on by the examiner in advance of other applications. (b) Restriction between subject matter of the original patent claims and previously unclaimed subject matter may be required (restriction involving only subject matter of the original patent claims will not be required). If restriction is required, the subject matter of the original patent claims will be held to be constructively elected unless a disclaimer of all the patent claims is filed in the reissue application, which disclaimer cannot be withdrawn by applicant. [65 FR 54676, Sept. 8, 2000]
37 CFR 1.177 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Issuance of multiple reissue patents.

§ 1.177 Issuance of multiple reissue patents. (a) The Office may reissue a patent as multiple reissue patents. If applicant files more than one application for the reissue of a single patent, each such application must contain or be amended to contain in the first sentence of the specification a notice stating that more than one reissue application has been filed and identifying each of the reissue applications by relationship, application number and filing date. The Office may correct by certificate of correction under § 1.322 any reissue patent resulting from an application to which this paragraph applies that does not contain the required notice. (b) If applicant files more than one application for the reissue of a single patent, each claim of the patent being reissued must be presented in each of the reissue applications as an amended, unamended, or canceled (shown in brackets) claim, with each such claim bearing the same number as in the patent being reissued. The same claim of the patent being reissued may not be presented in its original unamended form for examination in more than one of such multiple reissue applications. The numbering of any added claims in any of the multiple reissue applications must follow the number of the highest numbered original patent claim. (c) If any one of the several reissue applications by itself fails to correct an error in the original patent as required by 35 U.S.C. 251 but is otherwise in condition for allowance, the Office may suspend action in the allowable application until all issues are resolved as to at least one of the remaining reissue applications. The Office may also merge two or more of the multiple reissue applications into a single reissue application. No reissue application containing only unamended patent claims and not correcting an error in the original patent will be passed to issue by itself. [65 FR 54676, Sept. 8, 2000]
37 CFR 1.178 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Original patent; continuing duty of applicant.

§ 1.178 Original patent; continuing duty of applicant. (a) The application for reissue of a patent shall constitute an offer to surrender that patent, and the surrender shall take effect upon reissue of the patent. Until a reissue application is granted, the original patent shall remain in effect. (b) In any reissue application before the Office, the applicant must call to the attention of the Office any prior or concurrent proceedings in which the patent (for which reissue is requested) is or was involved, such as interferences or trials before the Patent Trial and Appeal Board, reissues, reexaminations, or litigations and the results of such proceedings (see also § 1.173(a)(1)). [65 FR 54676, Sept. 8, 2000, as amended at 69 FR 56544, Sept. 21, 2004; 77 FR 46625, Aug. 6, 2012]
37 CFR 1.181 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Petition to the Director.

§ 1.181 Petition to the Director. (a) Petition may be taken to the Director: (1) From any action or requirement of any examiner in the ex parte prosecution of an application, or in ex parte or inter partes prosecution of a reexamination proceeding which is not subject to appeal to the Patent Trial and Appeal Board or to the court; (2) In cases in which a statute or the rules specify that the matter is to be determined directly by or reviewed by the Director; and (3) To invoke the supervisory authority of the Director in appropriate circumstances. For petitions involving action of the Patent Trial and Appeal Board, see § 41.3 of this title. (b) Any such petition must contain a statement of the facts involved and the point or points to be reviewed and the action requested. Briefs or memoranda, if any, in support thereof should accompany or be embodied in the petition; and where facts are to be proven, the proof in the form of affidavits or declarations (and exhibits, if any) must accompany the petition. (c) When a petition is taken from an action or requirement of an examiner in the ex parte prosecution of an application, or in the ex parte or inter partes prosecution of a reexamination proceeding, it may be required that there have been a proper request for reconsideration (§ 1.111) and a repeated action by the examiner. The examiner may be directed by the Director to furnish a written statement, within a specified time, setting forth the reasons for his or her decision upon the matters averred in the petition, supplying a copy to the petitioner. (d) Where a fee is required for a petition to the Director the appropriate section of this part will so indicate. If any required fee does not accompany the petition, the petition will be dismissed. (e) Oral hearing will not be granted except when considered necessary by the Director. (f) The mere filing of a petition will not stay any period for reply that may be running against the application, nor act as a stay of other proceedings. Any petition under this part not filed within two months of the mailing date of the action or notice from which relief is requested may be dismissed as untimely, except as otherwise provided. This two-month period is not extendable. (g) The Director may delegate to appropriate Patent and Trademark Office officials the determination of petitions. [24 FR 10332, Dec. 22, 1959, as amended at 34 FR 18857, Nov. 26, 1969; 47 FR 41278, Sept. 17, 1982; 49 FR 48452, Dec. 12, 1984; 65 FR 54676, Sept. 8, 2000; 65 FR 76774, Dec. 7, 2000; 69 FR 50000, Aug. 12, 2004; 77 FR 46625, Aug. 6, 2012]
37 CFR 1.182 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Questions not specifically provided for.

§ 1.182 Questions not specifically provided for. All situations not specifically provided for in the regulations of this part will be decided in accordance with the merits of each situation by or under the authority of the Director, subject to such other requirements as may be imposed, and such decision will be communicated to the interested parties in writing. Any petition seeking a decision under this section must be accompanied by the petition fee set forth in § 1.17(f). [69 FR 56544, Sept. 21, 2004]
37 CFR 1.183 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Suspension of rules.

§ 1.183 Suspension of rules. In an extraordinary situation, when justice requires, any requirement of the regulations in this part which is not a requirement of the statutes may be suspended or waived by the Director or the Director's designee, sua sponte , or on petition of the interested party, subject to such other requirements as may be imposed. Any petition under this section must be accompanied by the petition fee set forth in § 1.17(f). [69 FR 56544, Sept. 21, 2004]
37 CFR 1.18 — [Reserved] Rules of Practice in Patent Cases
Current through: 2024-07-01

Patent post allowance (including issue) fees.

§ 1.18 Patent post allowance (including issue) fees. (a) Issue fee for issuing each original patent, except a design or plant patent, or for issuing each reissue patent: Table 1 to Paragraph (a) By a micro entity (§ 1.29) $240.00 By a small entity (§ 1.27(a)) 480.00 By other than a small or micro entity 1,200.00 (b)(1) Issue fee for issuing an original design patent: Table 2 to Paragraph (b)(1) By a micro entity (§ 1.29) $148.00 By a small entity (§ 1.27(a)) 296.00 By other than a small or micro entity 740.00 (2) [Reserved] (3) Issue fee for issuing an international design application designating the United States, where the issue fee is paid through the International Bureau (Hague Agreement Rule 12(3)(c)) as an alternative to paying the issue fee under paragraph (b)(1) of this section: The amount established in Swiss currency pursuant to Hague Agreement Rule 28 as of the date of mailing of the notice of allowance (§ 1.311). (c) Issue fee for issuing an original plant patent: Table 3 to Paragraph (c) By a micro entity (§ 1.29) $168.00 By a small entity (§ 1.27(a)) 336.00 By other than a small or micro entity 840.00 (d)(1) Publication fee on or after January 1, 2014 $0.00 (2) Publication fee before January 1, 2014 300.00 (3) Republication fee (§ 1.221(a)) 320.00 (e) For filing an application for patent term adjustment under § 1.705 210.00 (f) For filing a request for reinstatement of all or part of the term reduced pursuant to § 1.704(b) in an application for a patent term adjustment under § 1.705 420.00 [78 FR 4286, Jan. 18, 2013, as amended at 80 FR 17955, Apr. 2, 2015; 82 FR 52814, Nov. 14, 2017; 85 FR 46988, Aug. 3, 2020; 85 FR 58283, Sept. 18, 2020; 88 FR 17156, Mar. 22, 2023]
37 CFR 1.191 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Appeal to Patent Trial and Appeal Board.

§ 1.191 Appeal to Patent Trial and Appeal Board. Appeals to the Patent Trial and Appeal Board under 35 U.S.C. 134(a) and (b) are conducted according to part 41 of this title. [77 FR 46625, Aug. 6, 2012]
37 CFR 1.197 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Termination of proceedings.

§ 1.197 Termination of proceedings. (a) Proceedings on an application are considered terminated by the dismissal of an appeal or the failure to timely file an appeal to the court or a civil action except: (1) Where claims stand allowed in an application; or (2) Where the nature of the decision requires further action by the examiner. (b) The date of termination of proceedings on an application is the date on which the appeal is dismissed or the date on which the time for appeal to the U.S. Court of Appeals for the Federal Circuit or review by civil action (§ 90.3 of this chapter) expires in the absence of further appeal or review. If an appeal to the U.S. Court of Appeals for the Federal Circuit or a civil action has been filed, proceedings on an application are considered terminated when the appeal or civil action is terminated. A civil action is terminated when the time to appeal the judgment expires. An appeal to the U.S. Court of Appeals for the Federal Circuit, whether from a decision of the Board or a judgment in a civil action, is terminated when the mandate is issued by the Court. [78 FR 75252, Dec. 11, 2013]
37 CFR 1.198 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Reopening after a final decision of the Patent Trial and Appeal Board.

§ 1.198 Reopening after a final decision of the Patent Trial and Appeal Board. When a decision by the Patent Trial and Appeal Board on appeal has become final for judicial review, prosecution of the proceeding before the primary examiner will not be reopened or reconsidered by the primary examiner except under the provisions of § 1.114 or § 41.50 of this title without the written authority of the Director, and then only for the consideration of matters not already adjudicated, sufficient cause being shown. [77 FR 46625, Aug. 6, 2012]
37 CFR 1.19 — [Reserved] Rules of Practice in Patent Cases
Current through: 2024-07-01

Document supply fees.

§ 1.19 Document supply fees. The United States Patent and Trademark Office will supply copies of the following patent-related documents upon payment of the fees indicated. Paper copies will be in black and white unless the original document is in color, a color copy is requested and the fee for a color copy is paid. (a) Uncertified copies of patent application publications and patents: (1) Printed copy of the paper portion of a patent application publication or patent including a design patent, statutory invention registration, or defensive publication document. Service includes preparation of copies by the Office within two to three business days and delivery by United States Postal Service; and preparation of copies by the Office within one business day of receipt and delivery to an Office Box or by electronic means (e.g., facsimile, electronic mail): $3.00 (2) Printed copy of a plant patent in color: $15.00 (3) Color copy of a patent (other than a plant patent) or statutory invention registration containing a color drawing: $25.00 (b) Copies of Office documents to be provided in paper, or in electronic form, as determined by the Director (for other patent-related materials see § 1.21(k)): (1) Copy of a patent application as filed, or a patent-related file wrapper and contents, stored in paper in a paper file wrapper, in an image format in an image file wrapper, or if color documents, stored in paper in an Artifact Folder: (i) If provided on paper: (A) Application as filed: $35.00 (B) Copy Patent File Wrapper, Any Number of Sheets: $290.00 (C) [Reserved] (D) Individual application documents, other than application as filed, per document: $25.00 (ii) If provided on compact disc or other physical electronic medium in single order or if provided electronically ( e.g., by electronic transmission) other than on a physical electronic medium: (A) Application as filed: $35.00 (B) Copy Patent File Wrapper, Electronic, Any Size: $60.00 (C) [Reserved] (iii) [Reserved] (iv) If provided to a foreign intellectual property office pursuant to a bilateral or multilateral agreement ( see § 1.14(h)): $0.00 (2) [Reserved] (3) Copy of Office records, except copies available under paragraph (b)(1) or (2) of this section: $25.00 (4) For assignment records, abstract of title and certification, per patent: $35.00 (c) Library service (35 U.S.C. 13): For providing to libraries copies of all patents issued annually, per annum: $50.00 (d)-(e) [Reserved] (f) Uncertified copy of a non-United States patent document, per document: $25.00 (g) [Reserved] (h) Copy of Patent Grant Single-Page TIFF Images (52 week subscription): $10,400.00 (i) Copy of Patent Grant Full-Text W/Embedded Images, Patent Application Publication Single-Page TIFF Images, or Patent Application Publication Full-Text W/Embedded Images (52 week subscription): $5,200.00 [78 FR 4287, Jan. 18, 2013, as amended at 80 FR 65655, Oct. 27, 2015; 82 FR 52814, Nov. 14, 2017; 85 FR 46988, Aug. 3, 2020]
37 CFR 1.211 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Publication of applications.

§ 1.211 Publication of applications. (a) Each U.S. national application for patent filed in the Office under 35 U.S.C. 111(a) and each international application in compliance with 35 U.S.C. 371 will be published promptly after the expiration of a period of eighteen months from the earliest filing date for which a benefit is sought under title 35, United States Code, unless: (1) The application is recognized by the Office as no longer pending; (2) The application is national security classified (see § 5.2(c)), subject to a secrecy order under 35 U.S.C. 181, or under national security review; (3) The application has issued as a patent in sufficient time to be removed from the publication process; or (4) The application was filed with a nonpublication request in compliance with § 1.213(a). (b) Provisional applications under 35 U.S.C. 111(b) shall not be published, and design applications under 35 U.S.C. chapter 16, international design applications under 35 U.S.C. chapter 38, and reissue applications under 35 U.S.C. chapter 25 shall not be published under this section. (c) An application filed under 35 U.S.C. 111(a) will not be published until it includes the basic filing fee (§ 1.16(a) or (c)) and any English translation required by § 1.52(d). The Office may delay publishing any application until it includes any application size fee required by the Office under § 1.16(s) or § 1.492(j), a specification having papers in compliance with § 1.52 and an abstract (§ 1.72(b)), drawings in compliance with § 1.84, a “Sequence Listing” in compliance with §§ 1.821 through 1.825 (if applicable) for an application filed before July 1, 2022, a “Sequence Listing XML” in compliance with §§ 1.831 through 1.835 (if applicable) for an application filed on or after July 1, 2022, and the inventor's oath or declaration or application data sheet containing the information specified in § 1.63(b). (d) The Office may refuse to publish an application, or to include a portion of an application in the patent application publication (§ 1.215), if publication of the application or portion thereof would violate Federal or state law, or if the application or portion thereof contains offensive or disparaging material. (e) The publication fee set forth in § 1.18(d) must be paid in each application published under this section before the patent will be granted. If an application is subject to publication under this section, the sum specified in the notice of allowance under § 1.311 will also include the publication fee which must be paid within three months from the date of mailing of the notice of allowance to avoid abandonment of the application. This three-month period is not extendable. If the application is not published under this section, the publication fee (if paid) will be refunded. [65 FR 57058, Sept. 20, 2000, as amended at 70 FR 3891, Jan. 27, 2005; 77 FR 48822, Aug. 14, 2012, as amended at 80 FR 17964, Apr. 2, 2015; 87 FR 30817, May 20, 2022]
37 CFR 1.213 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Nonpublication request.

§ 1.213 Nonpublication request. (a) If the invention disclosed in an application has not been and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications eighteen months after filing, the application will not be published under 35 U.S.C. 122(b) and § 1.211 provided: (1) A request (nonpublication request) is submitted with the application upon filing; (2) The request states in a conspicuous manner that the application is not to be published under 35 U.S.C. 122(b); (3) The request contains a certification that the invention disclosed in the application has not been and will not be the subject of an application filed in another country, or under a multilateral international agreement, that requires publication at eighteen months after filing; and (4) The request is signed in compliance with § 1.33(b). (b) The applicant may rescind a nonpublication request at any time. A request to rescind a nonpublication request under paragraph (a) of this section must: (1) Identify the application to which it is directed; (2) State in a conspicuous manner that the request that the application is not to be published under 35 U.S.C. 122(b) is rescinded; and (3) Be signed in compliance with § 1.33(b). (c) If an applicant who has submitted a nonpublication request under paragraph (a) of this section subsequently files an application directed to the invention disclosed in the application in which the nonpublication request was submitted in another country, or under a multilateral international agreement, that requires publication of applications eighteen months after filing, the applicant must notify the Office of such filing within forty-five days after the date of the filing of such foreign or international application. The failure to timely notify the Office of the filing of such foreign or international application shall result in abandonment of the application in which the nonpublication request was submitted (35 U.S.C. 122(b)(2)(B)(iii)).
37 CFR 1.219 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Early publication.

§ 1.219 Early publication. Applications that will be published under § 1.211 may be published earlier than as set forth in § 1.211(a) at the request of the applicant. Any request for early publication must be accompanied by the publication fee set forth in § 1.18(d). If the applicant does not submit a copy of the application in compliance with the USPTO patent electronic filing system requirements pursuant to § 1.215(c), the Office will publish the application as provided in § 1.215(a). No consideration will be given to requests for publication on a certain date, and such requests will be treated as a request for publication as soon as possible.
37 CFR 1.221 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Voluntary publication or republication of patent application publication.

§ 1.221 Voluntary publication or republication of patent application publication. (a) Any request for publication of an application filed before, but pending on, November 29, 2000, and any request for republication of an application previously published under § 1.211, must include a copy of the application in compliance with the USPTO patent electronic filing system requirements and be accompanied by the publication fee set forth in § 1.18(d) and the processing fee set forth in § 1.17(i). If the request does not comply with the requirements of this paragraph or the copy of the application does not comply with the USPTO patent electronic filing system requirements, the Office will not publish the application and will refund the publication fee. (b) The Office will grant a request for a corrected or revised patent application publication other than as provided in paragraph (a) of this section only when the Office makes a material mistake which is apparent from Office records. Any request for a corrected or revised patent application publication other than as provided in paragraph (a) of this section must be filed within two months from the date of the patent application publication. This period is not extendable.
37 CFR 1.22 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Fees payable in advance.

§ 1.22 Fees payable in advance. (a) Patent fees and charges payable to the United States Patent and Trademark Office are required to be paid in advance; that is, at the time of requesting any action by the Office for which a fee or charge is payable, with the exception that under § 1.53 applications for patent may be assigned a filing date without payment of the basic filing fee. (b) All fees paid to the United States Patent and Trademark Office must be itemized in each individual application, patent, or other proceeding in such a manner that it is clear for which purpose the fees are paid. The Office may return fees that are not itemized as required by this paragraph. The provisions of § 1.5(a) do not apply to the resubmission of fees returned pursuant to this paragraph. [68 FR 48288, Aug. 13, 2003]