37 CFR Subpart B - Subpart B—National Processing Provisions
-
Prosecution of Application and Appointment of Attorney or Agent (§§ 1.31 - 1.36)
- § 1.31 Applicant may be represented by one or more patent practitioners or joint inventors.
- § 1.32 Power of attorney.
- § 1.33 Correspondence respecting patent applications, patent reexamination proceedings, and other proceedings.
- § 1.34 Acting in a representative capacity.
- § 1.36 Revocation of power of attorney; withdrawal of patent attorney or agent.
-
Who May Apply for a Patent (§§ 1.41 - 1.48)
- § 1.41 Inventorship.
- § 1.42 Applicant for patent.
- § 1.43 Application for patent by a legal representative of a deceased or legally incapacitated inventor.
- § 1.44 [Reserved]
- § 1.45 Application for patent by joint inventors.
- § 1.46 Application for patent by an assignee, obligated assignee, or a person who otherwise shows sufficient proprietary interest in the matter.
- § 1.47 [Reserved]
- § 1.48 Correction of inventorship pursuant to 35 U.S.C. 116 or correction of the name or order of names in a patent application, other than a reissue application.
-
The Application (§§ 1.51 - 1.60--1.62)
- § 1.51 General requisites of an application.
- § 1.52 Language, paper, writing, margins, read-only optical disc specifications.
- § 1.53 Application number, filing date, and completion of application.
- § 1.54 Parts of application to be filed together; filing receipt.
- § 1.55 Claim for foreign priority.
- § 1.56 Duty to disclose information material to patentability.
- § 1.57 Incorporation by reference.
- § 1.58 Chemical and mathematical formulae and tables.
- § 1.59 Expungement of information or copy of papers in application file.
- §§ 1.60-1.62 [Reserved]
-
Oath or Declaration (§§ 1.63 - 1.70)
-
Specification (§§ 1.71 - 1.79)
- § 1.71 Detailed description and specification of the invention.
- § 1.72 Title and abstract.
- § 1.73 Summary of the invention.
- § 1.74 Reference to drawings.
- § 1.75 Claim(s).
- § 1.76 Application data sheet.
- § 1.77 Arrangement of application elements.
- § 1.78 Claiming benefit of earlier filing date and cross-references to other applications.
- § 1.79 [Reserved]
Authority: Secs. 1.71 to 1.79 also issued under 35 U.S.C. 112. -
The Drawings (§§ 1.81 - 1.88)
- § 1.81 Drawings required in patent application.
- § 1.83 Content of drawing.
- § 1.84 Standards for drawings.
- § 1.85 Corrections to drawings.
- § 1.88 [Reserved]
Authority: Secs. 1.81 to 1.88 also issued under 35 U.S.C. 113. -
Models, Exhibits, Specimens (§§ 1.91 - 1.96)
- § 1.91 Models or exhibits not generally admitted as part of application or patent.
- § 1.92 [Reserved]
- § 1.93 Specimens.
- § 1.94 Return of models, exhibits or specimens.
- § 1.95 Copies of exhibits.
- § 1.96 Submission of computer program listings.
Authority: Secs. 1.91 to 1.95 also issued under 35 U.S.C. 114. -
Information Disclosure Statement (§§ 1.97 - 1.99)
-
Examination of Applications (§§ 1.101 - 1.110)
- § 1.101 [Reserved]
- § 1.102 Advancement of examination.
- § 1.103 Suspension of action by the Office.
- § 1.104 Nature of examination.
- § 1.105 Requirements for information.
- §§ 1.106-1.108 [Reserved]
- § 1.109 Effective filing date of a claimed invention under the Leahy-Smith America Invents Act.
- § 1.110 Inventorship and ownership of the subject matter of individual claims.
-
Action by Applicant and Further Consideration (§§ 1.111 - 1.114)
- § 1.111 Reply by applicant or patent owner to a non-final Office action.
- § 1.112 Reconsideration before final action.
- § 1.113 Final rejection or action.
- § 1.114 Request for continued examination.
Authority: Secs. 1.111 to 1.113 also issued under 35 U.S.C. 132. -
Amendments (§§ 1.115 - 1.127)
- § 1.115 Preliminary amendments.
- § 1.116 Amendments and affidavits or other evidence after final action and prior to appeal.
- §§ 1.117-1.119 [Reserved]
- § 1.121 Manner of making amendments in applications.
- §§ 1.122-1.224 [Reserved]
- § 1.125 Substitute specification.
- § 1.126 Numbering of claims.
- § 1.127 [Reserved]
Authority: Secs. 1.115 to 1.127 also issued under 35 U.S.C. 132. -
Transitional Provisions (§ 1.129)
-
Affidavits Overcoming Rejections (§§ 1.130 - 1.132)
- § 1.130 Affidavit or declaration of attribution or prior public disclosure under the Leahy-Smith America Invents Act.
- § 1.131 Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art.
- § 1.132 Affidavits or declarations traversing rejections or objections.
-
Interviews (§ 1.133)
-
Time for Reply by Applicant; Abandonment of Application (§§ 1.134 - 1.139)
- § 1.134 Time period for reply to an Office action.
- § 1.135 Abandonment for failure to reply within time period.
- § 1.136 Extensions of time.
- § 1.137 Revival of abandoned application, or terminated or limited reexamination prosecution.
- § 1.138 Express abandonment.
- § 1.139 [Reserved]
Authority: Secs. 1.135 to 1.138 also issued under 35 U.S.C. 133. -
Joinder of Inventions in One Application; Restriction (§§ 1.141 - 1.146)
- § 1.141 Different inventions in one national application.
- § 1.142 Requirement for restriction.
- § 1.143 Reconsideration of requirement.
- § 1.144 Petition from requirement for restriction.
- § 1.145 Subsequent presentation of claims for different invention.
- § 1.146 Election of species.
Authority: Secs. 1.141 to 1.147 also issued under 35 U.S.C. 121. -
Reissues (§§ 1.171 - 1.179)
- § 1.171 Application for reissue.
- § 1.172 Reissue applicant.
- § 1.173 Reissue specification, drawings, and amendments.
- § 1.174 [Reserved]
- § 1.175 Inventor's oath or declaration for a reissue application.
- § 1.176 Examination of reissue.
- § 1.177 Issuance of multiple reissue patents.
- § 1.178 Original patent; continuing duty of applicant.
- § 1.179 [Reserved]
Authority: Secs. 1.171 to 1.179 also issued under 35 U.S.C. 251. -
Petitions and Action by the Director (§§ 1.181 - 1.184)
- § 1.181 Petition to the Director.
- § 1.182 Questions not specifically provided for.
- § 1.183 Suspension of rules.
- § 1.184 [Reserved]
Authority: 35 U.S.C. 6; 15 U.S.C. 1113, 1123. -
Appeal to the Patent Trial and Appeal Board (§§ 1.191 - 1.198)
- § 1.191 Appeal to Patent Trial and Appeal Board.
- §§ 1.192-1.196 [Reserved]
- § 1.197 Termination of proceedings.
- § 1.198 Reopening after a final decision of the Patent Trial and Appeal Board.
Authority: Secs. 1.191 to 1.198 also issued under 35 U.S.C. 134. -
Publication of Applications (§§ 1.211 - 1.221)
- § 1.211 Publication of applications.
- § 1.213 Nonpublication request.
- § 1.215 Patent application publication.
- § 1.217 Publication of a redacted copy of an application.
- § 1.219 Early publication.
- § 1.221 Voluntary publication or republication of patent application publication.
Source: 65 FR 57058, Sept. 20, 2000, unless otherwise noted. -
Miscellaneous Provisions (§§ 1.248 - 1.251)
-
Preissuance Submissions and Protests by Third Parties (§§ 1.290 - 1.292--1.297)
-
Review of Patent and Trademark Office Decisions by Court (§ 1.301--1.304)
- §§ 1.301-1.304 [Reserved]
-
Allowance and Issue of Patent (§§ 1.311 - 1.317--1.318)
- § 1.311 Notice of allowance.
- § 1.312 Amendments after allowance.
- § 1.313 Withdrawal from issue.
- § 1.314 Issuance of patent.
- § 1.315 [Reserved]
- § 1.316 Application abandoned for failure to pay issue fee.
- §§ 1.317-1.318 [Reserved]
-
Disclaimer (§ 1.321)
-
Arbitration Awards (§§ 1.331--1.334 - 1.351--1.352)
- §§ 1.331-1.334 [Reserved]
- § 1.335 Filing of notice of arbitration awards.
- §§ 1.351-1.352 [Reserved]
-
Maintenance Fees (§§ 1.362 - 1.378)
- § 1.362 Time for payment of maintenance fees.
- § 1.363 Fee address for maintenance fee purposes.
- § 1.366 Submission of maintenance fees.
- § 1.377 Review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of patent.
- § 1.378 Acceptance of delayed payment of maintenance fee in expired patent to reinstate patent.