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Discuss the Manual of Patent Examination Procedures (MPEP)
409.03(j) Action Following Acceptance of a 37 CFR 1.47 Application
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409.03(j) Action Following Acceptance of a 37 CFR 1.47 Application
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MPEP Edition 9 - March 2014
100 Secrecy, Access, National Security, and Foreign Filing
200 Types, Cross-Noting, and Status of Application
300 Ownership and Assignment
400 Representative of Applicant or Owner
500 Receipt and Handling of Mail and Papers
600 Parts, Form, and Content of Application
700 Examination of Applications
800 Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
900 Prior Art, Classification, and Search
1000 Matters Decided by Various U.S. Patent and Trademark Office Officials
1100 Statutory Invention Registration (SIR); Pre-Grant Publication (PGPub) and Preissuance Submissions
1200 Appeal
1300 Allowance and Issue
1400 Correction of Patents
1500 Design Patents
1600 Plant Patents
1700 Miscellaneous
1800 Patent Cooperation Treaty
1900 Protest
2000 Duty of Disclosure
2100 Patentability
2200 Citation of Prior Art and Ex Parte Reexamination of Patents
2300 Interference Proceedings
2400 Biotechnology
2500 Maintenance Fees
2600 Optional Inter Partes Reexamination
2700 Patent Terms and Extensions
2800 Supplemental Examination
MPEP Other
Appendix T Patent Coorperation Treaty
MISCELLANEOUS - Appendices and Other
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Chapter 1300 - Allowance and Issue
Chapter 1500 - Design Patents
Chapter 1600 - Plant Patents
Chapter 2400 - Biotechnology
Pre-Ninth Edition Sections Archive
608.04(a) Matter Not in Original Specification, Claims, or Drawings
608.04(b) New Matter by Preliminary Amendment
608.04(c) Review of Examiner's Holding of New Matter
608.05 Sequence Listing Table, or Computer Program Listing Appendix Submitted on a Compact Disc
608.05(a) Deposit of Computer Program Listings
608.05(b) Compact Disc Submissions of Large Tables
608.05(c) Compact Disc Submissions of Biosequences
609 Information Disclosure Statement
609.01 Examiner Checklist for Information Disclosure Statements
609.02 Information Disclosure Statements in Continued Examinations or Continuing Applications
609.03 Information Disclosure Statements in National Stage Applications
609.04(a) Content Requirements for an Information Disclosure Statement
609.04(b) Timing Requirements for an Information Disclosure Statement
609.05 Examiner Handling of Information Disclosure Statements
609.05(a) Noncomplying Information Disclosure Statements
609.05(b) Complying Information Disclosure Statements
609.06 Information Printed on Patent
609.07 IDSs Electronically Submitted (e-IDS) Using EFS
609.08 Electronic Processing of Information Disclosure Statement
609.05(c) Documents Submitted as Part of Applicant's Reply to Office Action
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100 Secrecy, Access, National Security, and Foreign Filing
101 General
102 Information as to Status of an Application
103 Right of Public To Inspect Patent Files and Some Application Files
104 Power to Inspect Application
105 Suspended or Excluded Practitioner Cannot Inspect
106 Control of Inspection by Assignee
106.01 Rights of Assignee of Part Interest
110 Confidential Nature of International Applications
115 Review of Applications for National Security and Property Rights Issues
120 Secrecy Orders
121 Handling of Applications and Other Papers Bearing Security Markings
130 Examination of Secrecy Order Cases
140 Foreign Filing Licenses
150 Statements to DOE and NASA
151 Content of the Statements
200 Types, Cross-Noting, and Status of Application
201 Types of Applications
201.01 Sole
201.02 Joint
201.03 Correction of Inventorship in an Application
201.04 Parent Application
201.04(a) Original Application
201.04(b) Provisional Application
201.05 Reissue Application
201.06 Divisional Application
201.06(a) Former 37 CFR 1.60 Divisional-Continuation Procedure
201.06(b) Former 37 CFR 1.62 File Wrapper Continuing Procedure
201.06(c) 37 CFR 1.53(b) and 37 CFR 1.63(d) Divisional-Continuation Procedure
201.06(d) 37 CFR 1.53(d) Continued Prosecution Application (CPA) Practice
201.07 Continuation Application
201.08 Continuation-in-Part Application
201.09 Substitute Application
201.10 Refile
201.11 Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e)
201.11(a) Filing of Continuation or Continuation-in-Part Application During Pendency of International Application Designating t
201.12 Title to an Application Claiming Benefit of an Earlier Application
201.13 Right of Priority of Foreign Application
201.13(a) Right of Priority Based Upon an Application for an Inventor's Certificate
201.13(b) Right of Priority Based Upon an International Application Filed Under the Patent Cooperation Treaty
201.14 Right of Priority, Formal Requirements
201.14(a) Right of Priority, Time for Filing Papers
201.14(b) Right of Priority, Papers Required
201.14(c) Right of Priority, Practice
201.14(d) Proper Identification of Priority Application
201.15 Right of Priority, Overcoming a Reference
201.16 Using Certificate of Correction to Perfect Claim for Priority Under 35 U.S.C. 119(a)-(d) or (f)
201.17 Incorporation by Reference Under 37 CFR 1.57(a)
202 Cross-Noting
202.02 Notation in File History Regarding Prior U.S. Applications, Including Provisional Applications
202.03 Notation on File Wrapper When Priority Is Claimed for Foreign Application
202.04 In Oath or Declaration
203 Status of Applications
203.01 New
203.02 Rejected
203.03 Amended
203.04 Allowed or in Issue
203.05 Abandoned
203.06 Incomplete
203.08 Status Inquiries
203.08(a) Congressional and Other Official Inquiries
300 Ownership and Assignment
301 Ownership/Assignability of Patents and Applications
301.01 Accessibility of Assignment Records
302 Recording of Assignment Documents
302.01 Assignment Document Must Be Copy for Recording
302.02 Translation of Assignment Document
302.03 Identifying Patent or Application
302.04 Foreign Assignee May Designate Domestic Representative
302.05 Address of Assignee
302.06 Fee for Recording
302.07 Assignment Document Must Be Accompanied by a Cover Sheet
302.08 Mailing Address for Submitting Assignment Documents
302.09 Facsimile Submission of Assignment Documents
302.10 Electronic Submission of Assignment Documents
303 Assignment Documents Not Endorsed on Pending Applications
306 Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application
306.01 Assignment of an Application Claiming the Benefits of a Provisional Application
307 Issue to Assignee
309 Restrictions Upon Employees of U.S. Patent and Trademark Office
310 Government License Rights to Contractor-Owned Inventions Made Under Federally Sponsored Research and Development
311 Filing of Notice of Arbitration Awards
313 Recording of Licenses, Security Interests, and Other Documents Other Than Assignments
314 Certificates of Change of Name or of Merger
315 Indexing Against a Recorded Certificate
317 Handling of Documents in the Assignment Division
317.01 Recording Date
317.02 Correction of Unrecorded Returned Documents and Cover Sheets
317.03 Effect of Recording
318 Documents Not to be Placed in Files
320 Title Reports
323 Procedures for Correcting Errors in Recorded Assignment Document
323.01 Correction of Error in Recorded Cover Sheet
323.01(a) Typographical Errors in Cover Sheet
323.01(b) Typographical Errors in Recorded Assignment Document
323.01(c) Assignment or Change of Name Improperly Filed and Recorded by Another Person Against Owner's Application or Patent
323.01(d) Expungement of Assignment Records
324 Establishing Right of Assignee To Take Action
400 Representative of Inventor or Owner
401 U.S. Patent and Trademark Office Cannot Aid in Selection of Attorney
402 Power of Attorney; Acting in a Representative Capacity
402.01 Exceptions as to Registration
402.02 Appointment of Associate Attorney or Agent
402.05 Revocation
402.06 Attorney or Agent Withdraws
402.07 Assignee Can Revoke Power of Attorney of Applicant and Appoint New Power of Attorney
402.08 Application in Interference
402.09 International Application
402.10 Appointment/Revocation by Less Than All Applicants or Owners
403 Correspondence - With Whom Held
403.01 Correspondence Held With Associate Attorney
403.02 Two Patent Practitioners for Same Application
404 Conflicting Parties Having Same Patent Practitioner
405 Patent Practitioner Not of Record
406 Death of Patent Practitioner
407 Suspended or Excluded Patent Practitioner
408 Telephoning Patent Practitioner
409 Death, Legal Incapacity, or Unavailability of Inventor
409.01 Death of Inventor
409.01(a) Prosecution by Administrator or Executor
409.01(b) Proof of Authority of Administrator or Executor
409.01(c) After Administrator or Executor Has Been Discharged
409.01(d) Exception in Some Foreign Countries
409.01(e) If Applicant of Assigned Application Dies
409.01(f) Intervention of Executor Not Compulsory
409.02 Insanity or Other Legal Incapacity
409.03 Unavailability of Inventor
409.03(a) At Least One Joint Inventor Available
409.03(b) No Inventor Available
409.03(c) Legal Representatives of Deceased Inventor Not Available
409.03(d) Proof of Unavailability or Refusal
409.03(e) Statement of Last Known Address
409.03(f) Proof of Proprietary Interest
409.03(g) Proof of Irreparable Damage
409.03(h) Processing and Acceptance of a 37 CFR 1.47 Application
409.03(i) Rights of the Nonsigning Inventor
409.03(j) Action Following Acceptance of a 37 CFR 1.47 Application
410 Representations to the U.S. Patent and Trademark Office
1800 Patent Cooperation Treaty
1801 Basic Patent Cooperation Treaty (PCT) Principles
1802 PCT Definitions
1803 Reservations Under the PCT Taken by the United States of America
1805 Where To File an International Application
1807 Agent or Common Representative and General Power of Attorney
1808 Change in or Revocation of the Appointment of an Agent or a Common Representative
1810 Filing Date Requirements
1812 Elements of the International Application
1817 PCT Member States
1817.01 Designation of States in International Applications Having an International Filing Date On or After January 1, 2004
1817.01(a) Designation of States and Precautionary Designations in International Applications Having an International Filing Da
1817.02 Continuation or Continuation-in-Part Indication in the Request
1819 Earlier Search
1820 Signature of Applicant
1821 The Request
1823 The Description
1823.01 Reference to Deposited Biological Material
1823.02 Nucleotide and/or Amino Acid Sequence Listings, and Tables Related to Sequence Listings
1824 The Claims
1825 The Drawings
1826 The Abstract
1827 Fees
1827.01 Refund of International Application Fees
1828 Priority Claim and Document
1828.01 Restoration of the Right of Priority
1830 International Application Transmittal Letter
1832 License Request for Foreign Filing Under the PCT
1834 Correspondence
1834.01 Use of Telegraph, Teleprinter, Facsimile Machine
1834.02 Irregularities in the Mail Service
1836 Rectification of Obvious Mistakes
1840 The International Searching Authority
1840.01 The European Patent Office as an International Searching Authority
1840.02 The Korean Intellectual Property Office as an International Searching Authority
1842 Basic Flow Under the PCT
1843 The International Search
1843.01 Prior Art for Chapter I Processing
1843.02 Certain Subject Matter Need Not Be Searched
1843.03 No Search Required if Claims Are Unclear
1843.04 Procedure for Claims Not Required To Be Searched and for Claims That Are Unclear
1843.05 Time Limit for Establishing the International Search Report and the Written Opinion of the International Searching Auth
1844 The International Search Report
1844.01 Preparing the International Search Report (Form PCT/ISA/210)
1845 Written Opinion of the International Searching Authority
1845.01 Preparing the Written Opinion of the International Searching Authority (Form PCT/ISA/237)
1845.02 Notification of Transmittal of the International Search Report and the Written Opinion of the International Searching A
1846 Sections of the Articles, Regulations, and Administrative Instructions Under the PCT Relevant to the International Searchi
1848 Sequence Listings and Tables Related to Sequence Listings
1850 Unity of Invention Before the International Searching Authority
1851 Identification of Patent Documents
1852 Taking Into Account Results of Earlier Search(es)
1853 Amendment Under PCT Article 19
1857 International Publication
1857.01 Prior Art Effect of the International Publication
1859 Withdrawal of International Application, Designations, or Priority Claims
1860 International Preliminary Examination Procedure for Applications Having an International Filing Date On or After January 1
1860.01 International Preliminary Examination Procedure for Applications Having an International Filing Date Before January 1,
1862 Agreement With the International Bureau To Serve as an International Preliminary Examining Authority
1864 The Demand and Preparation for Filing of Demand
1864.01 Amendments Filed Under PCT Article 34
1864.02 Applicant's Right To File a Demand
1864.03 States Which May Be Elected
1864.04 Agent's Right To Act
1865 Filing of Demand
1865.01 The European Patent Office as an International Preliminary Examining Authority
1866 Filling in of Headings on Chapter II Forms
1867 Preliminary Examination Fees
1868 Correction of Defects in the Demand
1869 Notification to International Bureau of Demand
1870 Priority Document and Translation Thereof
1871 Processing Amendments Filed Under Article 19 and Article 34 Prior to or at the Start of International Preliminary Examinat
1871.01 Processing Amendments Filed Under Article 19 and Article 34 Prior to or at the Start of International Preliminary Exami
1872 Availability of the International Application File for International Preliminary Examination by the Examining Corps
1874 Determination if International Preliminary Examination Is Required and Possible
1875 Unity of Invention Before the International Preliminary Examining Authority
1875.01 Preparation of Invitation Concerning Unity
1875.02 Reply to Invitation Concerning Lack of Unity of Invention
1876 Notation of Errors and Informalities by the Examiner
1876.01 Request for Rectification and Notification of Action Thereon
1877 Nucleotide and/or Amino Acid Sequence Listings During the International Preliminary Examination
1878 Preparation of the Written Opinion of the International Preliminary Examining Authority in International Applications Havi
1878.01 Preparation of the Written Opinion in International Applications Having an International Filing Date Before January 1,
1878.01(a) Prior Art for Purposes of the Written Opinion and the International Preliminary Examination Report
1878.01(a)(1) Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report
1878.01(a)(2) Inventive Step for Purposes of the Written Opinion and the International Preliminary Examination Report
1878.01(a)(3) Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report
1878.02 Reply to the Written Opinion of the ISA or IPEA
1879 Preparation of the International Preliminary Examination Report
1879.01 Time Limit for Preparing Report in International Applications Having an International Filing Date On or After January 1
1879.01(a) Time Limit for Preparing Report in International Application Having an International Filing Date Before January 1, 2
1879.02 Transmittal of the International Preliminary Examination Report
1879.03 Translations
1879.04 Confidential Nature of the Report
1880 Withdrawal of Demand or Election
1881 Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office
1893 National Stage (U.S. National Application Filed Under 35 U.S.C. 371)
1893.01 Commencement and Entry
1893.01(a) Entry via the U.S. Designated or Elected Office
1893.01(a)(1) Submissions Required by 30 Months from the Priority Date
1893.01(a)(2) Article 19 Amendment (Filed With the International Bureau)
1893.01(a)(3) Article 34 Amendments (Filed with the International Preliminary Examining Authority)
1893.01(c) Fees
1893.01(d) Translation
1893.01(e) Oath/Declaration
1893.02 Abandonment
1893.03 Prosecution of U.S. National Stage Applications Before the Examiner
1893.03(a) How To Identify That an Application Is a U.S. National Stage Application
1893.03(b) The Filing Date of a U.S. National Stage Application
1893.03(c) The Priority Date, Priority Claim, and Priority Papers for a U.S. National Stage Application
1893.03(d) Unity of Invention
1893.03(e) Documents Received from the International Bureau and Placed in a U.S. National Stage Application File
1893.03(e)(1) Title of the Invention
1893.03(f) Drawings and PCT Rule 11
1893.03(g) Information Disclosure Statement in a National Stage Application
1895 A Continuation , Divisional, or Continuation- in- Part Application of a PCT Application Designating the United States
1895.01 Handling of and Considerations in the Handling of Continuations, Divisions, and Continuations-In-Part of PCT Applicatio
1896 The Differences Between a National Application Filed Under 35 U.S.C. 111(a) and a National Stage Application Submitted Und
Discuss this Discussion Tool
Discuss Chapter 500: Receipt and Handling of Mail and Papers
501 Filing Papers With the U.S.Patent and Trademark Office
502 Depositing Correspondence
502.01 Correspondence Transmitted by Facsimile
502.02 Correspondence Signature Requirements
502.03 Communications via Internet Electronic Mail (e-mail)
502.04 Duplicate Copies of Correspondence
502.05 Correspondence Transmitted by EFS-Web
503 Application Number and Filing Receipt
504 Assignment of Application for Examination
505 "Office Date" Stamp of Receipt
506 Completeness of Original Application
506.02 Review of Refusal To Accord Filing Date
507 Drawing Review in the Office of Patent Application Processing
508 Distribution
508.01 Papers Sent to Wrong Technology Center (TC)
508.02 Papers Received After Patenting or Abandonment
508.03 Unmatched Papers
508.04 Unlocatable Patent or Application Files
509 Payment of Fees
509.01 Deposit Accounts
509.02 Small Entity Status - Definitions
509.03 Claiming Small Entity Status
510 U.S. Patent and Trademark Office Business Hours
511 Postal Service Interruptions and Emergencies
512 Certificate of Mailing or Transmission
513 Deposit as Express Mail with U.S. Postal Service
Discuss Chapter 600: Parts, Form, and Content of Application
601 Content of Provisional and Nonprovisional Applications
601.01 Complete Application
601.01(a) Nonprovisional Applications Filed Under 35 U.S.C. 111(a)
601.01(b) Provisional Applications Filed Under 35 U.S.C. 111(b)
601.01(c) Conversion to or from a Provisional Application
601.01(d) Application Filed Without All Pages of Specification
601.01(e) Nonprovisional Application Filed Without at Least One Claim
601.01(f) Applications Filed Without Drawings
601.01(g) Applications Filed Without All Figures of Drawings
601.01(h) Forms
601.02 Power of Attorney
601.03 Change of Correspondence Address
601.04 National Stage Requirements of the United States as a Designated Office
601.05 Bibliographic Information - Application Data Sheet (ADS)
602 Original Oath or Declaration
602.01 Oath Cannot Be Amended
602.02 New Oath or Substitute for Original
602.03 Defective Oath or Declaration
602.04 Foreign Executed Oath
602.04(a) Foreign Executed Oath Is Ribboned to Other Application Papers
602.05 Oath or Declaration - Date of Execution
602.05(a) Oath or Declaration in Continuation and Divisional Applications
602.06 Non-English Oath or Declaration
602.07 Oath or Declaration Filed in United States as a Designated Office
603 Supplemental Oath or Declaration
603.01 Supplemental Oath or Declaration Filed After Allowance
604 Administration or Execution of Oath
604.01 Seal
604.02 Venue
604.03(a) Notarial Powers of Some Military Officers
604.04 Consul
604.04(a) Consul - Omission of Certificate
604.06 By Attorney in Application
605 Applicant
605.01 Applicant's Citizenship
605.02 Applicant's Residence
605.03 Applicant's Mailing or Post Office Address
605.04(a) Applicant's Signature and Name
605.04(b) One Full Given Name Required
605.04(c) Inventor Changes Name
605.04(d) Applicant Unable to Write
605.04(e) May Use Title With Signature
605.04(f) Signature on Joint Applications - Order of Names
605.04(g) Correction of Inventorship
605.05 Administrator, Executor, or Other Legal Representative
605.07 Joint Inventors
606 Title of Invention
606.01 Examiner May Require Change in Title
607 Filing Fee
607.02 Returnability of Fees
608 Disclosure
608.01 Specification
608.01(a) Arrangement of Application
608.01(b) Abstract of the Disclosure
608.01(c) Background of the Invention
608.01(d) Brief Summary of Invention
608.01(e) Reservation Clauses Not Permitted
608.01(f) Brief Description of Drawings
608.01(g) Detailed Description of Invention
608.01(h) Mode of Operation of Invention
608.01(i) Claims
608.01(j) Numbering of Claims
608.01(k) Statutory Requirement of Claims
608.01(l) Original Claims
608.01(m) Form of Claims
608.01(n) Dependent Claims
608.01(o) Basis for Claim Terminology in Description
608.01(p) Completeness
608.01(q) Substitute or Rewritten Specification
608.01(r) Derogatory Remarks About Prior Art in Specification
608.01(s) Restoration of Canceled Matter
608.01(t) Use in Subsequent Application
608.01(u) Use of Formerly Filed Incomplete Application
608.01(v) Trademarks and Names Used in Trade
608.02 Drawing
608.02(a) New Drawing - When Replacement is Required Before Examination
608.02(b) Informal Drawings
608.02(c) Drawing Print Kept in File Wrapper
608.02(d) Complete Illustration in Drawings
608.02(e) Examiner Determines Completeness and Consistency of Drawings
608.02(f) Modifications in Drawings
608.02(g) Illustration of Prior Art
608.02(h) Replacement Drawings
608.02(i) Transfer of Drawings From Prior Applications
608.02(m) Drawing Prints
608.02(n) Duplicate Prints in Patentability Report Applications
608.02(o) Notations Entered on Drawing
608.02(p) Correction of Drawings
608.02(q) Conditions Precedent to Amendment of Drawing
608.02(t) Cancelation of Figures
608.02(v) Drawing Changes Which Require Annotated Sheets
608.02(w) Drawing Changes Which May Be Made Without Applicant's Annotated Sheets
608.02(x) Drawing Corrections or Changes Accepted Unless Notified Otherwise
608.02(y) Return of Drawing
608.02(z) Allowable Applications Needing Drawing Corrections or Corrected Drawings
608.03 Models, Exhibits, Specimens
608.03(a) Handling of Models, Exhibits, and Specimens
608.04 New Matter
409.03(j) Action Following Acceptance of a 37 CFR 1.47 Application
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