justicedao/patent-legal-corpus huggingface dataset:
37 CFR 501.7 — Uniform Patent Policy for Rights in Inventions Made by Government Employees
Current through: 2024-07-01

Agency determination.

§ 501.7 Agency determination. (a) If the agency determines that the Government is entitled to obtain title pursuant to § 501.6(a)(1) and the employee does not appeal, no further review is required. (b) In the event that a Government agency determines, pursuant to paragraph (a)(2) or (a)(4) of § 501.6, that title to an invention will be left with the employee, the agency shall notify the employee of this determination. In cases pursuant to § 501.6(a)(2) where the Government's insufficient interest in the invention is evidenced by its decision not to file a patent application, the agency may impose on the employee any one or all of the following conditions or any other conditions that may be necessary in a particular case: (1) That a patent application be filed in the United States and/or abroad, if the Government has determined that it has or may need to practice the invention; (2) That the invention not be assigned to any foreign-owned or controlled corporation without the written permission of the agency; and (3) That any assignment or license of rights to use or sell the invention in the United States shall contain a requirement that any products embodying the invention or produced through the use of the invention be substantially manufactured in the United States. The agency shall notify the employee of any conditions imposed. (c) In the case of a determination under either paragraph (a) or (b) of this section, the agency shall promptly provide the employee with: (1) A signed and dated statement of its determination and reasons therefor; and (2) A copy of 37 CFR part 501. [53 FR 39735, Oct. 11, 1988, as amended at 61 FR 40999, Aug. 7, 1996]
37 CFR 501.9 — Uniform Patent Policy for Rights in Inventions Made by Government Employees
Current through: 2024-07-01

Patent protection.

§ 501.9 Patent protection. (a) A Government agency, upon determining that an invention coming within the scope of §§ 501.6(a)(1) or (a)(2) has been made, shall promptly determine whether patent protection will be sought in the United States by or on behalf of the agency for such invention. A controversy over the respective rights of the Government and of the employee shall not unnecessarily delay the filing of a patent application by the agency to avoid the loss of patent rights. In cases coming within the scope of § 501.6(a)(2), the filing of a patent application shall be contingent upon the consent of the employee. (b) Where there is an appealed dispute as to whether §§ 501.6 (a)(1) or (a)(2) applies in determining the respective rights of the Government and of an employee in and to any invention, the agency may determine whether patent protection will be sought in the United States pending the Secretary's decision on the dispute. If the agency decides that an application for patent should be filed, the agency will take such rights as are specified in § 501.6(a)(2), but this shall be without prejudice to acquiring the rights specified in paragraph (a)(1) of that section should the Secretary so decide. (c) Where an agency has determined to leave title to an invention with an employee under § 501.6(a)(2), the agency will, upon the filing of an application for patent, take the rights specified in that paragraph without prejudice to the subsequent acquisition by the Government of the rights specified in paragraph (a)(1) of that section should the Secretary so decide. (d) Where an agency has filed a patent application in the United States, the agency will, within 8 months from the filing date of the U.S. application, determine if any foreign patent applications should also be filed. If the agency chooses not to file an application in any foreign country, the employee may request rights in that country subject to the conditions stated in § 501.7(b) that may be imposed by the agency. Alternatively, the agency may permit the employee to retain foreign rights by including in any assignment to the Government of an unclassified U.S. patent application on the invention an option for the Government to acquire title in any foreign country within 8 months from the filing date of the U.S. application. [61 FR 41000, Aug. 7, 1996]
37 CFR 6.2 — Classification of Goods and Services under the Trademark Act
Current through: 2024-07-01

Prior U.S. schedule of classes of goods and services.

§ 6.2 Prior U.S. schedule of classes of goods and services. Class Title Goods 1 Raw or partly prepared materials. 2 Receptacles. 3 Baggage, animal equipments, portfolios, and pocket books. 4 Abrasives and polishing materials. 5 Adhesives. 6 Chemicals and chemical compositions. 7 Cordage. 8 Smokers' articles, not including tobacco products. 9 Explosives, firearms, equipments, and projectiles. 10 Fertilizers. 11 Inks and inking materials. 12 Construction materials. 13 Hardware and plumbing and steamfitting supplies. 14 Metals and metal castings and forgings. 15 Oils and greases. 16 Protective and decorative coatings. 17 Tobacco products. 18 Medicines and pharmaceutical preparations. 19 Vehicles. 20 Linoleum and oiled cloth. 21 Electrical apparatus, machines, and supplies. 22 Games, toys, and sporting goods. 23 Cutlery, machinery, and tools, and parts thereof. 24 Laundry appliances and machines. 25 Locks and safes. 26 Measuring and scientific appliances. 27 Horological instruments. 28 Jewelry and precious-metal ware. 29 Brooms, brushes, and dusters. 30 Crockery, earthenware, and porcelain. 31 Filters and refrigerators. 32 Furniture and upholstery. 33 Glassware. 34 Heating, lighting, and ventilating apparatus. 35 Belting, hose, machinery packing, and nonmetallic tires. 36 Musical instruments and supplies. 37 Paper and stationery. 38 Prints and publications. 39 Clothing. 40 Fancy goods, furnishings, and notions. 41 Canes, parasols, and umbrellas. 42 Knitted, netted, and textile fabrics, and substitutes therefor. 43 Thread and yarn. 44 Dental, medical, and surgical appliances. 45 Soft drinks and carbonated waters. 46 Foods and ingredients of foods. 47 Wines. 48 Malt beverages and liquors. 49 Distilled alcoholic liquors. 50 Merchandise not otherwise classified. 51 Cosmetics and toilet preparations. 52 Detergents and soaps. Services 100 Miscellaneous. 101 Advertising and business. 102 Insurance and financial. 103 Construction and repair. 104 Communication. 105 Transportation and storage. 106 Material treatment. 107 Education and entertainment. [24 FR 10383, Dec. 22, 1959. Redesignated at 38 FR 14681, June 4, 1973]
37 CFR 6.3 — Classification of Goods and Services under the Trademark Act
Current through: 2024-07-01

Schedule for certification marks.

§ 6.3 Schedule for certification marks. In applications for registration of certification marks based on sections 1 and 44 of the Trademark Act and registrations resulting from such applications, goods and services are classified in two classes as follows: A. Goods. B. Services. [73 FR 67775, Nov. 15, 2008]
37 CFR 6.4 — Classification of Goods and Services under the Trademark Act
Current through: 2024-07-01

Schedule for collective membership marks.

§ 6.4 Schedule for collective membership marks. All collective membership marks in applications based on sections 1 and 44 of the Trademark Act and registrations resulting from such applications are classified as follows: Class Title 200 Collective Membership. [73 FR 67775, Nov. 17, 2008]
37 CFR 7.12 — 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

Claim of color.

§ 7.12 Claim of color. (a) If color is claimed as a feature of the mark in the basic application and/or registration, the international application must include a statement that color is claimed as a feature of the mark and set forth the same name(s) of the color(s) claimed in the basic application and/or registration. (b) If color is not claimed as a feature of the mark in the basic application and/or registration, color may not be claimed as a feature of the mark in the international application.
37 CFR 7.13 — 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

Certification of international application.

§ 7.13 Certification of international application. (a) When an international application contains all the elements set forth in § 7.11(a), the Office will certify to the International Bureau that the information contained in the international application corresponds to the information contained in the basic application(s) and/or basic registration(s) at the time of certification, and will then forward the international application to the International Bureau. (b) When an international application does not meet the requirements of § 7.11(a), the Office will not certify or forward the international application. If the international applicant paid the international application fees (see § 7.7) through the Office, the Office will refund the international fees. The Office will not refund the certification fee.
37 CFR 7.14 — 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

Correcting irregularities in international application.

§ 7.14 Correcting irregularities in international application. (a) Response period. Upon receipt of a notice of irregularities in an international application from the International Bureau, the applicant must respond to the International Bureau within the period set forth in the notice. (b) Classification and Identification of Goods and Services. Responses to International Bureau notices of irregularities in the classification or identification of goods or services in an international application must be submitted through the Office for forwarding to the International Bureau. The Office will review an applicant's response to a notice of irregularities in the identification of goods or services to ensure that the response does not identify goods or services that are broader than the scope of the goods or services in the basic application or registration. (c) Fees. If the International Bureau notice of irregularities requires the payment of fees, the fees for correcting irregularities in the international application must be paid directly to the International Bureau. (d) Other Irregularities Requiring Response from Applicant. Except for responses to irregularities mentioned in paragraph (b) of this section and payment of fees for correcting irregularities mentioned in paragraph (c) of this section, all other responses may be submitted through the Office in accordance with § 7.14(e), or filed directly at the International Bureau. The Office will forward timely responses to the International Bureau, but will not review the responses or respond to any irregularities on behalf of the international applicant. (e) Procedure for response. To be considered timely, a response must be received by the International Bureau before the end of the response period set forth in the International Bureau's notice. Receipt in the Office does not fulfill this requirement. Any response submitted through the Office for forwarding to the International Bureau should be submitted as soon as possible, but at least one month before the end of the response period in the International Bureau's notice. The Office will not process any response received in the Office after the International Bureau's response deadline. [68 FR 55769, Sept. 26, 2003, as amended at 69 FR 57186, Sept. 24, 2004; 73 FR 67776, Nov. 17, 2008]
37 CFR 7.1 — 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

Definitions of terms as used in this part.

§ 7.1 Definitions of terms as used in this part. (a) the Act means the Trademark Act of 1946, 60 Stat. 427, as amended, codified in 15 U.S.C. 1051 et seq. (b) Subsequent designation means a request for extension of protection of an international registration to a Contracting Party made after the International Bureau registers the mark. (c) The acronym TEAS means the Trademark Electronic Application System, and, as used in this part, includes all related electronic systems required to complete an electronic submission through TEAS. (d) The term Office or the abbreviation USPTO means the United States Patent and Trademark Office. (e) All references to sections in this part refer to 37 Code of Federal Regulations, except as otherwise stated. (f) The definitions specified in § 2.2 of this chapter apply to this part. [68 FR 55769, Sept. 26, 2003, as amended at 80 FR 33190, June 11, 2015; 84 FR 31511, July 2, 2019; 84 FR 37098, July 31, 2019]
37 CFR 7.21 — 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

Subsequent designation.

§ 7.21 Subsequent designation. (a) A subsequent designation may be filed directly with the International Bureau, or, if it meets the requirements of paragraph (b) of this section, submitted through the Office. (b) The Office will grant a date of receipt to a subsequent designation that is filed through TEAS in accordance with § 7.4(a), or typed on the official paper form issued by the International Bureau, if permitted under § 7.4(c) or accepted on petition pursuant to § 7.4(d). The subsequent designation must contain all of the following: (1) The international registration number; (2) The serial number of the U.S. application or registration number of the U.S. registration that formed the basis of the international registration; (3) The name and address of the holder of the international registration; (4) A statement that the holder is entitled to file a subsequent designation in the Office, specifying that holder: Is a national of the United States; has a domicile in the United States; or has a real and effective industrial or commercial establishment in the United States. Where a holder's address is not in the United States, the holder must provide the address of its U.S. domicile or establishment; (5) A list of goods and/or services that is identical to or narrower than the list of goods and/or services in the international registration; (6) A list of the designated Contracting Parties. If the goods and/or services in the subsequent designation are not the same for each designated Contracting Party, the holder must list the goods and/or services covered by the subsequent designation that pertain to each designated Contracting Party; (7) The U.S. transmittal fee required by § 7.6; and (8) If the subsequent designation is filed through TEAS, the subsequent designation fees ( see § 7.7). (c) If the subsequent designation is accorded a date of receipt, the Office will then forward the subsequent designation to the International Bureau. (d) If the subsequent designation fails to contain all the elements set forth in paragraph (b) of this section, the Office will not forward the subsequent designation to the International Bureau. The Office will notify the holder of the reason(s). If the holder paid the subsequent designation fees (see § 7.7) through the Office, the Office will refund the subsequent designation fees. The Office will not refund the transmittal fee. (e) Correspondence to correct any irregularities in a subsequent designation must be made directly with the International Bureau. [68 FR 55769, Sept. 26, 2003, as amended at 69 FR 57186, Sept. 24, 2004; 85 FR 37098, July 31, 2019]
37 CFR 7.22 — 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

Recording changes to international registration.

§ 7.22 Recording changes to international registration. Except as provided in §§ 7.23 and 7.24, requests to record changes to an international registration must be filed with the International Bureau. If a request to record an assignment or restriction of a holder's right of disposal of an international registration or the release of such a restriction meets the requirements of § 7.23 or 7.24, the Office will forward the request to the International Bureau. Section 10 of the Act and part 3 of this chapter are not applicable to assignments or restrictions of international registrations.
37 CFR 7.23 — 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

Requests for recording assignments at the International Bureau.

§ 7.23 Requests for recording assignments at the International Bureau. A request to record an assignment of an international registration may be submitted through the Office for forwarding to the International Bureau only if the assignee cannot obtain the assignor's signature for the request to record the assignment. (a) A request to record an assignment submitted through the Office must include all of the following: (1) The international registration number; (2) The name and address of the holder of the international registration; (3) The name and address of the assignee of the international registration; (4) A statement that the assignee: Is a national of the United States; has a domicile in the United States; or has a real and effective industrial or commercial establishment in the United States. Where an assignee's address is not in the United States, the assignee must provide the address of its U.S. domicile or establishment; (5) A statement, signed and verified (sworn to) or supported by a declaration under § 2.20 of this chapter, that, for the request to record the assignment, either the assignee could not obtain the assignor's signature because the holder no longer exists, or, after a good-faith effort, the assignee could not obtain the assignor's signature; (6) An indication that the assignment applies to the designation to the United States or an international registration that is based on a U.S. application or registration; (7) A statement that the assignment applies to all the goods and/or services in the international registration, or if less, a list of the goods and/or services in the international registration that have been assigned that pertain to the designation to the United States; and (8) The U.S. transmittal fee required by § 7.6. (b) If a request to record an assignment contains all the elements set forth in paragraph (a) of this section, the Office will forward the request to the International Bureau. Forwarding the request to the International Bureau is not a determination by the Office of the validity of the assignment or the effect that the assignment has on the title of the international registration. (c) If the request fails to contain all the elements set forth in paragraph (a) of this section, the Office will not forward the request to the International Bureau. The Office will notify the assignee(s) of the reason(s). If the assignee paid the fees to record the assignment ( see § 7.7) through the Office, the Office will refund the recording fee. The Office will not refund the transmittal fee. (d) Correspondence to correct any irregularities in a request to record an assignment must be made directly with the International Bureau. [68 FR 55769, Sept. 26, 2003, as amended at 69 FR 57186, Sept. 24, 2004; 80 FR 2313, Jan. 16, 2015]
37 CFR 7.25 — 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

Sections of part 2 applicable to extension of protection.

§ 7.25 Sections of part 2 applicable to extension of protection. (a) Except for §§ 2.21, 2.22, 2.76, 2.88, 2.89, 2.130, 2.131, 2.160 through 2.166, 2.168, 2.173, 2.175, and 2.181 through 2.186, all sections in parts 2 and 11 of this chapter shall apply to an extension of protection of an international registration to the United States, including sections related to proceedings before the Trademark Trial and Appeal Board, unless otherwise stated. (b) The Office will refer to a request for an extension of protection to the United States as an application under section 66(a) of the Act, and references to applications and registrations in part 2 of this chapter include extensions of protection to the United States. (c) Upon registration in the United States under section 69 of the Act, an extension of protection to the United States is referred to as a registration, a registered extension of protection, or a section 66(a) registration. [68 FR 55769, Sept. 26, 2003, as amended at 69 FR 57186, Sept. 24, 2004; 70 FR 38774, July 6, 2005; 73 FR 47686, Aug. 14, 2008; 73 FR 67776, Nov. 17, 2008; 75 FR 35977, June 24, 2010; 78 FR 20197, Apr. 3, 2013; 80 FR 2313, Jan. 16, 2015; 84 FR 37099, July 31, 2019]
37 CFR 7.26 — 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

Filing date of extension of protection for purposes of examination in the Office.

§ 7.26 Filing date of extension of protection for purposes of examination in the Office. (a) If a request for extension of protection of an international registration to the United States is made in an international application and the request includes a declaration of a bona fide intention to use the mark in commerce as set out in § 2.33(e) of this chapter, the filing date of the extension of protection to the United States is the international registration date. (b) If a request for extension of protection of an international registration to the United States is made in a subsequent designation and the request includes a declaration of a bona fide intention to use the mark in commerce as set out in § 2.33(e), the filing date of the extension of protection to the United States is the date that the International Bureau records the subsequent designation.
37 CFR 7.27 — 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

Priority claim of extension of protection for purposes of examination in the Office.

§ 7.27 Priority claim of extension of protection for purposes of examination in the Office. An extension of protection of an international registration to the United States is entitled to a claim of priority under section 67 of the Act if: (a) The request for extension of protection contains a claim of priority; (b) The request for extension of protection specifies the filing date, serial number and the country of the application that forms the basis for the claim of priority; and (c) The date of the international registration or the date of recording of the subsequent designation at the International Bureau of the request for extension of protection to the United States is not later than six months after the filing date of the application that forms the basis for the claim of priority.