Home/CFR/Title 37/Part 1
FEDERAL · 37 CFR

Part 1 — Rules of Practice in Patent Cases

363 sections · Title 37: Patents, Trademarks, and Copyrights

§ 1.1Addresses for non-trademark correspondence with the United States Patent and Trademark Office.
§ 1.2Business to be transacted in writing.
§ 1.3Business to be conducted with decorum and courtesy.
§ 1.4Nature of correspondence and signature requirements.
§ 1.5Identification of patent, patent application, or patent-related proceeding.
§ 1.6Receipt of correspondence.
§ 1.7Times for taking action; Expiration on Saturday, Sunday or Federal holiday.
§ 1.8Certificate of mailing or transmission.
§ 1.9Definitions.
§ 1.10Filing of correspondence by Priority Mail Express®.
§ 1.11Files open to the public.
§ 1.12Assignment records open to public inspection.
§ 1.13Copies and certified copies.
§ 1.14Patent applications preserved in confidence.
§ 1.15§ 1.15 [Reserved]
§ 1.16National application filing, search, and examination fees.
§ 1.17Patent application and reexamination processing fees.
§ 1.18Patent post allowance (including issue) fees.
§ 1.19Document supply fees.
§ 1.20Post-issuance fees.
§ 1.21Miscellaneous fees and charges.
§ 1.22Fees payable in advance.
§ 1.23Methods of payment.
§ 1.24§ 1.24 [Reserved]
§ 1.25Deposit accounts.
§ 1.26Refunds.
§ 1.27Definition of small entities and establishing status as a small entity to permit payment of small entity fees; when a determination of entitlement to small entity status and notification of loss of entitlement to small entity status are required; fraud on the Office.
§ 1.28Refunds when small entity status is later established; how errors in small entity status are excused.
§ 1.29Micro entity status.
§ 1.31Applicant may be represented by one or more patent practitioners or joint inventors.
§ 1.32Power of attorney.
§ 1.33Correspondence respecting patent applications, patent reexamination proceedings, and other proceedings.
§ 1.34Acting in a representative capacity.
§ 1.36Revocation of power of attorney; withdrawal of patent attorney or agent.
§ 1.41Inventorship.
§ 1.42Applicant for patent.
§ 1.43Application for patent by a legal representative of a deceased or legally incapacitated inventor.
§ 1.44§ 1.44 [Reserved]
§ 1.45Application for patent by joint inventors.
§ 1.46Application for patent by an assignee, obligated assignee, or a person who otherwise shows sufficient proprietary interest in the matter.
§ 1.47§ 1.47 [Reserved]
§ 1.48Correction 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.
§ 1.51General requisites of an application.
§ 1.52Language, paper, writing, margins, read-only optical disc specifications.
§ 1.53Application number, filing date, and completion of application.
§ 1.54Parts of application to be filed together; filing receipt.
§ 1.55Claim for foreign priority.
§ 1.56Duty to disclose information material to patentability.
§ 1.57Incorporation by reference.
§ 1.58Chemical and mathematical formulae and tables.
§ 1.59Expungement of information or copy of papers in application file.
§ 1.60-1.62§§ 1.60-1.62 [Reserved]
§ 1.63Inventor's oath or declaration.
§ 1.64Substitute statement in lieu of an oath or declaration.
§ 1.66Statements under oath.
§ 1.67Supplemental oath or declaration.
§ 1.68Declaration in lieu of oath.
§ 1.69Foreign language oaths and declarations.
§ 1.70§ 1.70 [Reserved]
§ 1.71Detailed description and specification of the invention.
§ 1.72Title and abstract.
§ 1.73Summary of the invention.
§ 1.74Reference to drawings.
§ 1.75Claim(s).
§ 1.76Application data sheet.
§ 1.77Arrangement of application elements.
§ 1.78Claiming benefit of earlier filing date and cross-references to other applications.
§ 1.79§ 1.79 [Reserved]
§ 1.81Drawings required in patent application.
§ 1.83Content of drawing.
§ 1.84Standards for drawings.
§ 1.85Corrections to drawings.
§ 1.88§ 1.88 [Reserved]
§ 1.91Models or exhibits not generally admitted as part of application or patent.
§ 1.92§ 1.92 [Reserved]
§ 1.93Specimens.
§ 1.94Return of models, exhibits or specimens.
§ 1.95Copies of exhibits.
§ 1.96Submission of computer program listings.
§ 1.97Filing of information disclosure statement.
§ 1.98Content of information disclosure statement.
§ 1.99§ 1.99 [Reserved]
§ 1.101§ 1.101 [Reserved]
§ 1.102Advancement of examination.
§ 1.103Suspension of action by the Office.
§ 1.104Nature of examination.
§ 1.105Requirements for information.
§ 1.106-1.108§§ 1.106-1.108 [Reserved]
§ 1.109Effective filing date of a claimed invention under the Leahy-Smith America Invents Act.
§ 1.110Inventorship and ownership of the subject matter of individual claims.
§ 1.111Reply by applicant or patent owner to a non-final Office action.
§ 1.112Reconsideration before final action.
§ 1.113Final rejection or action.
§ 1.114Request for continued examination.
§ 1.115Preliminary amendments.
§ 1.116Amendments and affidavits or other evidence after final action and prior to appeal.
§ 1.117-1.119§§ 1.117-1.119 [Reserved]
§ 1.121Manner of making amendments in applications.
§ 1.122-1.124§§ 1.122-1.124 [Reserved]
§ 1.125Substitute specification.
§ 1.126Numbering of claims.
§ 1.127§ 1.127 [Reserved]
§ 1.129Transitional procedures for limited examination after final rejection and restriction practice.
§ 1.130Affidavit or declaration of attribution or prior public disclosure under the Leahy-Smith America Invents Act.
§ 1.131Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art.
§ 1.132Affidavits or declarations traversing rejections or objections.
§ 1.133Interviews.
§ 1.134Time period for reply to an Office action.
§ 1.135Abandonment for failure to reply within time period.
§ 1.136Extensions of time.
§ 1.137Revival of abandoned application, or terminated or limited reexamination prosecution.
§ 1.138Express abandonment.
§ 1.139§ 1.139 [Reserved]
§ 1.141Different inventions in one national application.
§ 1.142Requirement for restriction.
§ 1.143Reconsideration of requirement.
§ 1.144Petition from requirement for restriction.
§ 1.145Subsequent presentation of claims for different invention.
§ 1.146Election of species.
§ 1.151Rules applicable.
§ 1.152Design drawings.
§ 1.153Title, description and claim, oath or declaration.
§ 1.154Arrangement of application elements in a design application.
§ 1.155§ 1.155 [Reserved]
§ 1.161Rules applicable.
§ 1.162Applicant, oath or declaration.
§ 1.163Specification and arrangement of application elements in a plant application.
§ 1.164Claim.
§ 1.165Plant drawings.
§ 1.166Specimens.
§ 1.167Examination.
§ 1.171Application for reissue.
§ 1.172Reissue applicant.
§ 1.173Reissue specification, drawings, and amendments.
§ 1.174§ 1.174 [Reserved]
§ 1.175Inventor's oath or declaration for a reissue application.
§ 1.176Examination of reissue.
§ 1.177Issuance of multiple reissue patents.
§ 1.178Original patent; continuing duty of applicant.
§ 1.179§ 1.179 [Reserved]
§ 1.181Petition to the Director.
§ 1.182Questions not specifically provided for.
§ 1.183Suspension of rules.
§ 1.184§ 1.184 [Reserved]
§ 1.191Appeal to Patent Trial and Appeal Board.
§ 1.192-1.196§§ 1.192-1.196 [Reserved]
§ 1.197Termination of proceedings.
§ 1.198Reopening after a final decision of the Patent Trial and Appeal Board.
§ 1.211Publication of applications.
§ 1.213Nonpublication request.
§ 1.215Patent application publication.
§ 1.217Publication of a redacted copy of an application.
§ 1.219Early publication.
§ 1.221Voluntary publication or republication of patent application publication.
§ 1.248Service of papers; manner of service; proof of service in cases other than interferences and trials.
§ 1.251Unlocatable file.
§ 1.290Submissions by third parties in applications.
§ 1.291Protests by the public against pending applications.
§ 1.292-1.297§§ 1.292-1.297 [Reserved]
§ 1.301-1.304§§ 1.301-1.304 [Reserved]
§ 1.311Notice of allowance.
§ 1.312Amendments after allowance.
§ 1.313Withdrawal from issue.
§ 1.314Issuance of patent.
§ 1.315§ 1.315 [Reserved]
§ 1.316Application abandoned for failure to pay issue fee.
§ 1.317-1.318§§ 1.317-1.318 [Reserved]
§ 1.321Statutory disclaimers, including terminal disclaimers.
§ 1.322Certificate of correction of Office mistake.
§ 1.323Certificate of correction of applicant's mistake.
§ 1.324Correction of inventorship in patent, pursuant to 35 U.S.C. 256.
§ 1.325Other mistakes not corrected.
§ 1.331-1.334§§ 1.331-1.334 [Reserved]
§ 1.335Filing of notice of arbitration awards.
§ 1.351-1.352§§ 1.351-1.352 [Reserved]
§ 1.362Time for payment of maintenance fees.
§ 1.363Fee address for maintenance fee purposes.
§ 1.366Submission of maintenance fees.
§ 1.377Review of decision refusing to accept and record payment of a maintenance fee filed prior to expiration of patent.
§ 1.378Acceptance of delayed payment of maintenance fee in expired patent to reinstate patent.
§ 1.401Definitions of terms under the Patent Cooperation Treaty.
§ 1.412The United States Receiving Office.
§ 1.413The United States International Searching Authority.
§ 1.414The United States Patent and Trademark Office as a Designated Office or Elected Office.
§ 1.415The International Bureau.
§ 1.416The United States International Preliminary Examining Authority.
§ 1.417Submission of translation of international publication.
§ 1.419Display of currently valid control number under the Paperwork Reduction Act.
§ 1.421Applicant for international application.
§ 1.422Legal representative as applicant in an international application.
§ 1.423§ 1.423 [Reserved]
§ 1.424Assignee, obligated assignee, or person having sufficient proprietary interest as applicant in an international application.
§ 1.431International application requirements.
§ 1.432Designation of States by filing an international application.
§ 1.433Physical requirements of international application.
§ 1.434The request.
§ 1.435The description.
§ 1.436The claims.
§ 1.437The drawings.
§ 1.438The abstract.
§ 1.445International application filing, processing and search fees.
§ 1.446Refund of international application filing and processing fees.
§ 1.451The priority claim and priority document in an international application.
§ 1.452Restoration of right of priority.
§ 1.453Transmittal of documents relating to earlier search or classification.
§ 1.455Representation in international applications.
§ 1.461Procedures for transmittal of record copy to the International Bureau.
§ 1.465Timing of application processing based on the priority date.
§ 1.468Delays in meeting time limits.
§ 1.471Corrections and amendments during international processing.
§ 1.472Changes in person, name, or address of applicants and inventors.
§ 1.475Unity of invention before the International Searching Authority, the International Preliminary Examining Authority and during the national stage.
§ 1.476Determination of unity of invention before the International Searching Authority.
§ 1.477Protest to lack of unity of invention before the International Searching Authority.
§ 1.480Demand for international preliminary examination.
§ 1.481Payment of international preliminary examination fees.
§ 1.482International preliminary examination and processing fees.
§ 1.484Conduct of international preliminary examination.
§ 1.485Amendments by applicant during international preliminary examination.
§ 1.488Determination of unity of invention before the International Preliminary Examining Authority.
§ 1.489Protest to lack of unity of invention before the International Preliminary Examining Authority.
§ 1.491National stage commencement, entry, and fulfillment.
§ 1.492National stage fees.
§ 1.495Entering the national stage in the United States of America.
§ 1.496Examination of international applications in the national stage.
§ 1.497Inventor's oath or declaration under 35 U.S.C. 371(c)(4).
§ 1.499Unity of invention during the national stage.
§ 1.501Citation of prior art and written statements in patent files.
§ 1.502Processing of prior art citations during an <em>ex parte</em> reexamination proceeding.
§ 1.510Request for <em>ex parte</em> reexamination.
§ 1.515Determination of the request for <em>ex parte</em> reexamination.
§ 1.520<em>Ex parte</em> reexamination at the initiative of the Director.
§ 1.525Order for <em>ex parte</em> reexamination.
§ 1.530Statement by patent owner in <em>ex parte</em> reexamination; amendment by patent owner in <em>ex parte</em> or <em>inter partes</em> reexamination; inventorship change in <em>ex parte</em> or <em>inter partes</em> reexamination.
§ 1.535Reply by third party requester in <em>ex parte</em> reexamination.
§ 1.540Consideration of responses in <em>ex parte</em> reexamination.
§ 1.550Conduct of <em>ex parte</em> reexamination proceedings.
§ 1.552Scope of reexamination in <em>ex parte</em> reexamination proceedings.
§ 1.555Information material to patentability in <em>ex parte</em> reexamination and <em>inter partes</em> reexamination proceedings.
§ 1.560Interviews in <em>ex parte</em> reexamination proceedings.
§ 1.565Concurrent office proceedings which include an <em>ex parte</em> reexamination proceeding.
§ 1.570Issuance and publication of <em>ex parte</em> reexamination certificate concludes <em>ex parte</em> reexamination proceeding.
§ 1.601Filing of papers in supplemental examination.
§ 1.605Items of information.
§ 1.610Content of request for supplemental examination.
§ 1.615Format of papers filed in a supplemental examination proceeding.
§ 1.620Conduct of supplemental examination proceeding.
§ 1.625Conclusion of supplemental examination; publication of supplemental examination certificate; procedure after conclusion.
§ 1.701Extension of patent term due to examination delay under the Uruguay Round Agreements Act (original applications, other than designs, filed on or after June 8, 1995, and before May 29, 2000).
§ 1.702Grounds for adjustment of patent term due to examination delay under the Patent Term Guarantee Act of 1999 (original applications, other than designs, filed on or after May 29, 2000).
§ 1.703Period of adjustment of patent term due to examination delay.
§ 1.704Reduction of period of adjustment of patent term.
§ 1.705Patent term adjustment determination.
§ 1.710Patents subject to extension of the patent term.
§ 1.720Conditions for extension of patent term.
§ 1.730Applicant for extension of patent term; signature requirements.
§ 1.740Formal requirements for application for extension of patent term; correction of informalities.
§ 1.741Complete application given a filing date; petition procedure.
§ 1.750Determination of eligibility for extension of patent term.
§ 1.760Interim extension of patent term under 35 U.S.C. 156(e)(2).
§ 1.765Duty of disclosure in patent term extension proceedings.
§ 1.770Express withdrawal of application for extension of patent term.
§ 1.775Calculation of patent term extension for a human drug, antibiotic drug or human biological product.
§ 1.776Calculation of patent term extension for a food additive or color additive.
§ 1.777Calculation of patent term extension for a medical device.
§ 1.778Calculation of patent term extension for an animal drug product.
§ 1.779Calculation of patent term extension for a veterinary biological product.
§ 1.780Certificate or order of extension of patent term.
§ 1.785Multiple applications for extension of term of the same patent or of different patents for the same regulatory review period for a product.
§ 1.790Interim extension of patent term under 35 U.S.C. 156(d)(5).
§ 1.791Termination of interim extension granted prior to regulatory approval of a product for commercial marketing or use.
§ 1.801Biological material.
§ 1.802Need or opportunity to make a deposit.
§ 1.803Acceptable depository.
§ 1.804Time of making an original deposit.
§ 1.805Replacement or supplement of deposit.
§ 1.806Term of deposit.
§ 1.807Viability of deposit.
§ 1.808Furnishing of samples.
§ 1.809Examination procedures.
§ 1.821Nucleotide and/or amino acid sequence disclosures in patent applications.
§ 1.822Symbols and format to be used for nucleotide and/or amino acid sequence data.
§ 1.823Requirements for content of a “Sequence Listing” part of the specification.
§ 1.824Form and format for a nucleotide and/or amino acid sequence submission as an ASCII plain text file.
§ 1.825Amendment to add or replace a “Sequence Listing” and CRF copy thereof.
§ 1.831Requirements for patent applications filed on or after July 1, 2022, having nucleotide and/or amino acid sequence disclosures.
§ 1.832Representation of nucleotide and/or amino acid sequence data in the “Sequence Listing XML” part of a patent application filed on or after July 1, 2022.
§ 1.833Requirements for a “Sequence Listing XML” for nucleotide and/or amino acid sequences as part of a patent application filed on or after July 1, 2022.
§ 1.834Form and format for nucleotide and/or amino acid sequence submissions as the “Sequence Listing XML” in patent applications filed on or after July 1, 2022.
§ 1.835Amendment to add or replace a “Sequence Listing XML” in patent applications filed on or after July 1, 2022.
§ 1.839Incorporation by reference.
§ 1.902Processing of prior art citations during an <em>inter partes</em> reexamination proceeding.
§ 1.903Service of papers on parties in <em>inter partes</em> reexamination.
§ 1.904Notice of <em>inter partes</em> reexamination in <em>Official Gazette.</em>
§ 1.905Submission of papers by the public in <em>inter partes</em> reexamination.
§ 1.906Scope of reexamination in <em>inter partes</em> reexamination proceeding.
§ 1.907<em>Inter partes</em> reexamination prohibited.
§ 1.913Persons eligible to file, and time for filing, a request for <em>inter partes</em> reexamination.
§ 1.915Content of request for <em>inter partes</em> reexamination.
§ 1.919Filing date of request for <em>inter partes</em> reexamination.
§ 1.923Examiner's determination on the request for <em>inter partes</em> reexamination.
§ 1.925Partial refund if request for <em>inter partes</em> reexamination is not ordered.
§ 1.927Petition to review refusal to order <em>inter partes</em> reexamination.
§ 1.931Order for <em>inter partes</em> reexamination.
§ 1.933Patent owner duty of disclosure in <em>inter partes</em> reexamination proceedings.
§ 1.935Initial Office action usually accompanies order for <em>inter partes</em> reexamination.
§ 1.937Conduct of <em>inter partes</em> reexamination.
§ 1.939Unauthorized papers in <em>inter partes</em> reexamination.
§ 1.941Amendments by patent owner in <em>inter partes</em> reexamination.
§ 1.943Requirements of responses, written comments, and briefs in <em>inter partes</em> reexamination.
§ 1.945Response to Office action by patent owner in <em>inter partes</em> reexamination.
§ 1.947Comments by third party requester to patent owner's response in <em>inter partes</em> reexamination.
§ 1.948Limitations on submission of prior art by third party requester following the order for <em>inter partes</em> reexamination.
§ 1.949Examiner's Office action closing prosecution in <em>inter partes</em> reexamination.
§ 1.951Options after Office action closing prosecution in <em>inter partes</em> reexamination.
§ 1.953Examiner's Right of Appeal Notice in <em>inter partes</em> reexamination.
§ 1.955Interviews prohibited in <em>inter partes</em> reexamination proceedings.
§ 1.956Patent owner extensions of time in <em>inter partes</em> reexamination.
§ 1.957Failure to file a timely, appropriate or complete response or comment in <em>inter partes</em> reexamination.
§ 1.958Petition to revive inter partes reexamination prosecution terminated for lack of patent owner response.
§ 1.959Appeal in <em>inter partes</em> reexamination.
§ 1.961-1.977§§ 1.961-1.977 [Reserved]
§ 1.979Return of Jurisdiction from the Patent Trial and Appeal Board; termination of appeal proceedings.
§ 1.981Reopening after a final decision of the Patent Trial and Appeal Board.
§ 1.983Appeal to the United States Court of Appeals for the Federal Circuit in <em>inter partes</em> reexamination.
§ 1.985Notification of prior or concurrent proceedings in <em>inter partes</em> reexamination.
§ 1.987Suspension of <em>inter partes</em> reexamination proceeding due to litigation.
§ 1.989Merger of concurrent reexamination proceedings.
§ 1.991Merger of concurrent reissue application and <em>inter partes</em> reexamination proceeding.
§ 1.993Suspension of concurrent interference and <em>inter partes</em> reexamination proceeding.
§ 1.995Third party requester's participation rights preserved in merged proceeding.
§ 1.997Issuance and publication of <em>inter partes</em> reexamination certificate concludes <em>inter partes</em> reexamination proceeding.
§ 1.1001Definitions related to international design applications.
§ 1.1002The United States Patent and Trademark Office as an office of indirect filing.
§ 1.1003The United States Patent and Trademark Office as a designated office.
§ 1.1004The International Bureau.
§ 1.1005Display of currently valid control number under the Paperwork Reduction Act.
§ 1.1011Applicant for international design application.
§ 1.1012Applicant's Contracting Party.
§ 1.1021Contents of the international design application.
§ 1.1022Form and signature.
§ 1.1023Filing date of an international design application in the United States.
§ 1.1024The description.
§ 1.1025The claim.
§ 1.1026Reproductions.
§ 1.1027Specimens.
§ 1.1028Deferment of publication.
§ 1.1031International design application fees.
§ 1.1041Representation in an international design application.
§ 1.1042Correspondence respecting international design applications filed with the Office as an office of indirect filing.
§ 1.1045Procedures for transmittal of international design application to the International Bureau.
§ 1.1051Relief from prescribed time limits.
§ 1.1052Conversion to a design application under 35 U.S.C. chapter 16.
§ 1.1061Rules applicable.
§ 1.1062Examination.
§ 1.1063Notification of refusal.
§ 1.1064One independent and distinct design.
§ 1.1065Corrections and other changes in the International Register.
§ 1.1066Correspondence address for a nonprovisional international design application.
§ 1.1067Title, description, and inventor's oath or declaration.
§ 1.1068Statement of grant of protection.
§ 1.1070Notification of Invalidation.
§ 1.1071Grant of protection for an industrial design only upon issuance of a patent.