600 Parts, Form, and Content of Application

Clarify position of copyright notice in spec (1.71/1.77/608.01)

MPEP 608.01(w) (Jan. 2018) and 27 CFR 1.71(d) suggest that a copyright-notice paragraph should "preferably [be] the first paragraph ... of the specification." However, this is often not the case. Would the Office please clarify at least the MPEP, and preferably also 1.71(d), to reflect current practice? For example, in recent US 10,219,356 (the first hit in a quick patft search), the "cross-reference to related applications" paragraph (parent case text) is first, as it should be, and the "copyright notice" paragraph is second.

 

MPEP 608.01(a) and 37 CFR 1.77(b) list the general arrangement of a specification. However, they do not mention the "copyright notice" paragraph. Would the Office please add the paragraph to these lists? My understanding is that the "copyright notice" paragraph should be inserted between 1.77(b)(3) and 1.77(b)(4) (or, at least, somewhere after 1.77(b)(3)).

 

Thank you for considering these requests! All opinions are my own and not necessarily those of any other party.

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Idea No. 255