justicedao/patent-legal-corpus huggingface dataset:
37 CFR 1.377 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of patent.

§ 1.377 Review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of patent. (a) Any patentee who is dissatisfied with the refusal of the Patent and Trademark Office to accept and record a maintenance fee which was filed prior to the expiration of the patent may petition the Director to accept and record the maintenance fee. (b) Any petition under this section must be filed within two months of the action complained of, or within such other time as may be set in the action complained of, and must be accompanied by the fee set forth in § 1.17(g). The petition may include a request that the petition fee be refunded if the refusal to accept and record the maintenance fee is determined to result from an error by the Patent and Trademark Office. (c) Any petition filed under this section must comply with the requirements of § 1.181(b) and must be signed by an attorney or agent registered to practice before the Patent and Trademark Office, or by the patentee, the assignee, or other party in interest. [49 FR 34725, Aug. 31, 1984, as amended at 62 FR 53199, Oct. 10, 1997; 69 FR 56545, Sept. 21, 2004]
37 CFR 1.378 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Acceptance of delayed payment of maintenance fee in expired patent to reinstate patent.

§ 1.378 Acceptance of delayed payment of maintenance fee in expired patent to reinstate patent. (a) The Director may accept the payment of any maintenance fee due on a patent after expiration of the patent if, upon petition, the delay in payment of the maintenance fee is shown to the satisfaction of the Director to have been unintentional. If the Director accepts payment of the maintenance fee upon petition, the patent shall be considered as not having expired, but will be subject to the conditions set forth in 35 U.S.C. 41(c)(2). (b) Any petition to accept an unintentionally delayed payment of a maintenance fee must include: (1) The required maintenance fee set forth in § 1.20(e) through (g); (2) The petition fee as set forth in § 1.17(m); and (3) A statement that the delay in payment of the maintenance fee was unintentional. The Director may require additional information where there is a question whether the delay was unintentional. (c) Any petition under this section must be signed in compliance with § 1.33(b). (d) Reconsideration of a decision refusing to accept a delayed maintenance fee may be obtained by filing a petition for reconsideration within two months of the decision, or such other time as set in the decision refusing to accept the delayed payment of the maintenance fee. (e) If the delayed payment of the maintenance fee is not accepted, the maintenance fee will be refunded following the decision on the petition for reconsideration, or after the expiration of the time for filing such a petition for reconsideration, if none is filed. [78 FR 62407, Oct. 21, 2013]
37 CFR 1.3 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Business to be conducted with decorum and courtesy.

§ 1.3 Business to be conducted with decorum and courtesy. Applicants and their attorneys or agents are required to conduct their business with the United States Patent and Trademark Office with decorum and courtesy. Papers presented in violation of this requirement will be submitted to the Director and will not be entered. A notice of the non-entry of the paper will be provided. Complaints against examiners and other employees must be made in correspondence separate from other papers. [68 FR 38624, June 30, 2003]
37 CFR 1.401 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Definitions of terms under the Patent Cooperation Treaty.

§ 1.401 Definitions of terms under the Patent Cooperation Treaty. (a) The abbreviation PCT and the term Treaty mean the Patent Cooperation Treaty. (b) International Bureau means the World Intellectual Property Organization located in Geneva, Switzerland. (c) Administrative Instructions means that body of instructions for operating under the Patent Cooperation Treaty referred to in PCT Rule 89. (d) Request , when capitalized, means that element of the international application described in PCT Rules 3 and 4. (e) International application , as used in this subchapter is defined in § 1.9(b). (f) Priority date for the purpose of computing time limits under the Patent Cooperation Treaty is defined in PCT Art. 2 (xi). Note also § 1.465. (g) Demand, when capitalized, means that document filed with the International Preliminary Examining Authority which requests an international preliminary examination. (h) Annexes means amendments made to the claims, description or the drawings before the International Preliminary Examining Authority. (i) Other terms and expressions in this subpart C not defined in this section are to be taken in the sense indicated in PCT Art. 2 and 35 U.S.C. 351. [43 FR 20466, May 11, 1978, as amended at 52 FR 20047, May 28, 1987]
37 CFR 1.412 — Rules of Practice in Patent Cases
Current through: 2024-07-01

The United States Receiving Office.

§ 1.412 The United States Receiving Office. (a) The United States Patent and Trademark Office is a Receiving Office only for applicants who are residents or nationals of the United States of America. (b) The Patent and Trademark Office, when acting as a Receiving Office, will be identified by the full title “United States Receiving Office” or by the abbreviation “RO/US.” (c) The major functions of the Receiving Office include: (1) According of international filing dates to international applications meeting the requirements of PCT Art. 11(1), and PCT Rule 20; (2) Assuring that international applications meet the standards for format and content of PCT Art. 14(1), PCT Rule 9, 26, 29.1, 37, 38, 91, and portions of PCT Rules 3 through 11; (3) Collecting and, when required, transmitting fees due for processing international applications (PCT Rule 14, 15, 16); (4) Transmitting the record and search copies to the International Bureau and International Searching Authority, respectively (PCT Rules 22 and 23); and (5) Determining compliance with applicable requirements of part 5 of this chapter. (6) Reviewing and, unless prescriptions concerning national security prevent the application from being so transmitted (PCT Rule 19.4), transmitting the international application to the International Bureau for processing in its capacity as a Receiving Office: (i) Where the United States Receiving Office is not the competent Receiving Office under PCT Rule 19.1 or 19.2 and § 1.421(a); or (ii) Where the international application is not in English but is in a language accepted under PCT Rule 12.1(a) by the International Bureau as a Receiving Office; or (iii) Where there is agreement and authorization in accordance with PCT Rule 19.4(a)(iii). [43 FR 20466, May 11, 1978, as amended at 60 FR 21439, May 2, 1995; 63 FR 29617, June 1, 1998]
37 CFR 1.413 — Rules of Practice in Patent Cases
Current through: 2024-07-01

The United States International Searching Authority.

§ 1.413 The United States International Searching Authority. (a) Pursuant to appointment by the Assembly, the United States Patent and Trademark Office will act as an International Searching Authority for international applications filed in the United States Receiving Office and in other Receiving Offices as may be agreed upon by the Director, in accordance with the agreement between the Patent and Trademark Office and the International Bureau (PCT Art. 16(3)(b)). (b) The Patent and Trademark Office, when acting as an International Searching Authority, will be identified by the full title “United States International Searching Authority” or by the abbreviation “ISA/US.” (c) The major functions of the International Searching Authority include: (1) Approving or establishing the title and abstract; (2) Considering the matter of unity of invention; (3) Conducting international and international-type searches and preparing international and international-type search reports (PCT Art. 15, 17 and 18, and PCT Rules 25, 33 to 45 and 47), and issuing declarations that no international search report will be established (PCT Article 17(2)(a)); (4) Preparing written opinions of the International Searching Authority in accordance with PCT Rule 43 bis (when necessary); and (5) Transmitting the international search report and the written opinion of the International Searching Authority to the applicant and the International Bureau. [43 FR 20466, May 11, 1978, as amended at 68 FR 59886, Oct. 20, 2003]
37 CFR 1.414 — Rules of Practice in Patent Cases
Current through: 2024-07-01

The United States Patent and Trademark Office as a Designated Office or Elected Office.

§ 1.414 The United States Patent and Trademark Office as a Designated Office or Elected Office. (a) The United States Patent and Trademark Office will act as a Designated Office or Elected Office for international applications in which the United States of America has been designated or elected as a State in which patent protection is desired. (b) The United States Patent and Trademark Office, when acting as a Designated Office or Elected Office during international processing will be identified by the full title “United States Designated Office” or by the abbreviation “DO/US” or by the full title “United States Elected Office” or by the abbreviation “EO/US”. (c) The major functions of the United States Designated Office or Elected Office in respect to international applications in which the United States of America has been designated or elected, include: (1) Receiving various notifications throughout the international stage and (2) National stage processing for international applications entering the national stage under 35 U.S.C. 371. [52 FR 20047, May 28, 1987, as amended at 77 FR 48823, Aug. 14, 2012]
37 CFR 1.415 — Rules of Practice in Patent Cases
Current through: 2024-07-01

The International Bureau.

§ 1.415 The International Bureau. (a) The International Bureau is the World Intellectual Property Organization located at Geneva, Switzerland. It is the international intergovernmental organization which acts as the coordinating body under the Treaty and the Regulations (PCT Art. 2 (xix) and 35 U.S.C. 351 (h)). (b) The major functions of the International Bureau include: (1) Publishing of international applications and the International Gazette; (2) Transmitting copies of international applications to Designated Offices; (3) Storing and maintaining record copies; and (4) Transmitting information to authorities pertinent to the processing of specific international applications.
37 CFR 1.416 — Rules of Practice in Patent Cases
Current through: 2024-07-01

The United States International Preliminary Examining Authority.

§ 1.416 The United States International Preliminary Examining Authority. (a) Pursuant to appointment by the Assembly, the United States Patent and Trademark Office will act as an International Preliminary Examining Authority for international applications filed in the United States Receiving Office and in other Receiving Offices as may be agreed upon by the Director, in accordance with agreement between the Patent and Trademark Office and the International Bureau. (b) The United States Patent and Trademark Office, when acting as an International Preliminary Examining Authority, will be identified by the full title “United States International Preliminary Examining Authority” or by the abbreviation “IPEA/US.” (c) The major functions of the International Preliminary Examining Authority include: (1) Receiving and checking for defects in the Demand; (2) Forwarding Demands in accordance with PCT Rule 59.3; (3) Collecting the handling fee for the International Bureau and the preliminary examination fee for the United States International Preliminary Examining Authority; (4) Informing applicant of receipt of the Demand; (5) Considering the matter of unity of invention; (6) Providing an international preliminary examination report which is a non-binding opinion on the questions of whether the claimed invention appears: to be novel, to involve an inventive step (to be nonobvious), and to be industrially applicable; and (7) Transmitting the international preliminary examination report to applicant and the International Bureau. [52 FR 20047, May 28, 1987, as amended at 63 FR 29617, June 1, 1998]
37 CFR 1.417 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Submission of translation of international publication.

§ 1.417 Submission of translation of international publication. The submission of an English language translation of the publication of an international application pursuant to 35 U.S.C. 154(d)(4) must clearly identify the international application to which it pertains (§ 1.5(a)) and be clearly identified as a submission pursuant to 35 U.S.C. 154(d)(4). Otherwise, the submission will be treated as a filing under 35 U.S.C. 111(a). Such submissions should be marked “Mail Stop PCT.” [68 FR 71007, Dec. 22, 2003]
37 CFR 1.419 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Display of currently valid control number under the Paperwork Reduction Act.

§ 1.419 Display of currently valid control number under the Paperwork Reduction Act. (a) Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. ), the collection of information in this subpart has been reviewed and approved by the Office of Management and Budget under control number 0651-0021. (b) Notwithstanding any other provision of law, no person is required to respond to nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid Office of Management and Budget control number. This section constitutes the display required by 44 U.S.C. 3512(a) and 5 CFR 1320.5(b)(2)(i) for the collection of information under Office of Management and Budget control number 0651-0021 (see 5 CFR 1320.5(b)(2)(ii)(D)). [63 FR 29617, June 1, 1998]
37 CFR 1.421 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Applicant for international application.

§ 1.421 Applicant for international application. (a) Only residents or nationals of the United States of America may file international applications in the United States Receiving Office. If an international application does not include an applicant who is indicated as being a resident or national of the United States of America, and at least one applicant: (1) Has indicated a residence or nationality in a PCT Contracting State, or (2) Has no residence or nationality indicated, applicant will be so notified and, if the international application includes a fee amount equivalent to that required by § 1.445(a)(4), the international application will be forwarded for processing to the International Bureau acting as a Receiving Office ( see also § 1.412(c)(6)). (b) Although the United States Receiving Office will accept international applications filed by any applicant who is a resident or national of the United States of America for international processing, for the purposes of the designation of the United States, an international application will be accepted by the Patent and Trademark Office for the national stage only if the applicant is the inventor or other person as provided in § 1.422 or § 1.424. Joint inventors must jointly apply for an international application. (c) A registered attorney or agent of the applicant may sign the international application Request and file the international application for the applicant. A separate power of attorney from each applicant may be required. (d) Any indication of different applicants for the purpose of different Designated Offices must be shown on the Request portion of the international application. (e) Requests for changes in the indications concerning the applicant, agent, or common representative of an international application shall be made in accordance with PCT Rule 92 bis and may be required to be signed by all applicants. (f) Requests for withdrawals of the international application, designations, priority claims, the Demand, or elections shall be made in accordance with PCT Rule 90 bis and must be signed by all applicants. A separate power of attorney from the applicants will be required for the purposes of any request for a withdrawal in accordance with PCT Rule 90 bis which is not signed by all applicants. [77 FR 48823, Aug. 14, 2012]
37 CFR 1.422 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Legal representative as applicant in an international application.

§ 1.422 Legal representative as applicant in an international application. If an inventor is deceased or under legal incapacity, the legal representative of the inventor may be an applicant in an international application which designates the United States of America. [77 FR 48823, Aug. 14, 2012]
37 CFR 1.424 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Assignee, obligated assignee, or person having sufficient proprietary interest as applicant in an international application.

§ 1.424 Assignee, obligated assignee, or person having sufficient proprietary interest as applicant in an international application. (a) A person to whom the inventor has assigned or is under an obligation to assign the invention may be an applicant in an international application which designates the United States of America. A person who otherwise shows sufficient proprietary interest in the matter may be an applicant in an international application which designates the United States of America on proof of the pertinent facts and a showing that such action is appropriate to preserve the rights of the parties. (b) Neither any showing required under paragraph (a) of this section nor documentary evidence of ownership or proprietary interest will be required or considered by the Office in the international stage, but will be required in the national stage in accordance with the conditions and requirements of § 1.46. [77 FR 48823, Aug. 14, 2012]
37 CFR 1.42 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Applicant for patent.

§ 1.42 Applicant for patent. (a) The word “applicant” when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43, 1.45, or 1.46. (b) If a person is applying for a patent as provided in § 1.46, the word “applicant” refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and not the inventor. (c) If fewer than all joint inventors are applying for a patent as provided in § 1.45, the phrase “the applicant” means the joint inventors who are applying for the patent without the omitted inventor(s). (d) Any person having authority may deliver an application and fees to the Office on behalf of the applicant. However, an oath or declaration, or substitute statement in lieu of an oath or declaration, may be executed only in accordance with § 1.63 or 1.64, a correspondence address may be provided only in accordance with § 1.33(a), and amendments and other papers must be signed in accordance with § 1.33(b). (e) The Office may require additional information where there is a question concerning ownership or interest in an application, and a showing may be required from the person filing the application that the filing was authorized where such authorization comes into question. [77 FR 48815, Aug. 14, 2012]
37 CFR 1.431 — Rules of Practice in Patent Cases
Current through: 2024-07-01

International application requirements.

§ 1.431 International application requirements. (a) An international application shall contain, as specified in the Treaty and the Regulations, a Request, a description, one or more claims, an abstract, and one or more drawings (where required). (PCT Art. 3(2) and section 207 of the Administrative Instructions.) (b) An international filing date will be accorded by the United States Receiving Office, at the time to receipt of the international application, provided that: (1) At least one applicant (§ 1.421) is a United States resident or national and the papers filed at the time of receipt of the international application so indicate (35 U.S.C. 361(a), PCT Art. 11(1)(i)). (2) The international application is in the English language (35 U.S.C. 361(c), PCT Art. 11(1)(ii)). (3) The international application contains at least the following elements (PCT Art. 11(1)(iii)): (i) An indication that it is intended as an international application (PCT Rule 4.2); (ii) The designation of at least one Contracting State of the International Patent Cooperation Union (§ 1.432); (iii) The name of the applicant, as prescribed (note §§ 1.421, 1.422, and 1.424); (iv) A part which on the face of it appears to be a description; and (v) A part which on the face of it appears to be a claim. (c) Payment of the international filing fee (PCT Rule 15.2) and the transmittal and search fees (§ 1.445) may be made in full at the time the international application papers required by paragraph (b) of this section are deposited or within one month thereafter. The international filing, transmittal, and search fee payable is the international filing, transmittal, and search fee in effect on the receipt date of the international application. If the international filing, transmittal, and search fees are not paid within one month from the date of receipt of the international application and prior to the sending of a notice of deficiency, which imposes a late payment fee (§ 1.445(a)(6)), the applicant will be notified and given a one-month non-extendable time limit within which to pay the deficient fees plus the late payment fee. (d) If the payment needed to cover the transmittal fee, the international filing fee, the search fee, and the late payment fee pursuant to paragraph (c) of this section is not timely made in accordance with PCT Rule 16 bis. 1(e), the Receiving Office will declare the international application withdrawn under PCT Article 14(3)(a). [43 FR 20466, May 11, 1978, as amended at 50 FR 9383, Mar. 7, 1985; 52 FR 20047, May 28, 1987; 58 FR 4344, Jan. 14, 1993; 63 FR 29618, June 1, 1998; 68 FR 59887, Oct. 20, 2003; 68 FR 67805, Dec. 4, 2003; 77 FR 48823, Aug. 14, 2012; 85 FR 46990, Aug. 3, 2020]
37 CFR 1.432 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Designation of States by filing an international application.

§ 1.432 Designation of States by filing an international application. The filing of an international application request shall constitute: (a) The designation of all Contracting States that are bound by the Treaty on the international filing date; (b) An indication that the international application is, in respect of each designated State to which PCT Article 43 or 44 applies, for the grant of every kind of protection which is available by way of the designation of that State; and (c) An indication that the international application is, in respect of each designated State to which PCT Article 45(1) applies, for the grant of a regional patent and also, unless PCT Article 45(2) applies, a national patent. [68 FR 59887, Oct. 20, 2003]
37 CFR 1.433 — Rules of Practice in Patent Cases
Current through: 2024-07-01

Physical requirements of international application.

§ 1.433 Physical requirements of international application. (a) The international application and each of the documents that may be referred to in the check list of the Request (PCT Rule 3.3(a)(ii)) shall be filed in one copy only. (b) All sheets of the international application must be on A4 size paper (21.0 × 29.7 cm.). (c) Other physical requirements for international applications are set forth in PCT Rule 11 and sections 201-207 of the Administrative Instructions.