MPEP Appendix L – Patent Laws

  • society, and other printed publications and patents that may be needed or feasible … tions and drawings of patents granted by the Patent ….

More PDF Content

MPEP Appendix L – Patent Laws

PART I — UNITED STATES PATENT
AND TRADEMARK OFFICE

CHAPTER 1 — ESTABLISHMENT, OFFICERS
AND EMPLOYEES, FUNCTIONS

  • 1 Establishment.
  • 2 Powers and Duties.
  • 3 Officers and employees.
  • 4 Restrictions on officers and employees as to interest in patents.
  • 5 Patent and Trademark Office Public Advisory Committees.
  • 6 Board of Patent Appeals and Interferences.
  • 7 Library.
  • 8 Classification of patents.
  • 9 Certified copies of records.
  • 10 Publications.
  • 11 Exchange of copies of patents and applications with foreign countries.
  • 12 Copies of patents and applications for public libraries.
  • 13 Annual report to Congress.

CHAPTER 2 — PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE

  • 21 Filing date and day for taking action.
  • 22 Printing of papers filed.
  • 23 Testimony in Patent and Trademark Office cases.
  • 24 Subpoenas, witnesses.
  • 25 Declaration in lieu of oath.
  • 26 Effect of defective execution.

CHAPTER 3 — PRACTICE BEFORE PATENT
AND TRADEMARK OFFICE

  • 31 [Repealed].
  • 32 Suspension or exclusion from practice.
  • 33 Unauthorized representation as practitioner.

CHAPTER 4 — PATENT FEES; FUNDING;
SEARCH SYSTEMS

  • 41 Patent fees; patent and trademark search systems.
  • 42 Patent and Trademark Office funding.

PART II — PATENTABILITY OF
INVENTIONS AND GRANT OF PATENTS

CHAPTER 10 — PATENTABILITY OF INVENTIONS

  • 100 Definitions.
  • 101 Inventions patentable.
  • 102 Conditions for patentability; novelty and loss of right to patent.
  • 103 Conditions for patentability; non-obvious subject matter.
  • 104 Invention made abroad.
  • 105 Inventions in outer space.

CHAPTER 11 — APPLICATION FOR PATENT

  • 111 Application.
  • 112 Specification.
  • 113 Drawings.
  • 114 Models, specimens.
  • 115 Oath of applicant.
  • 116 Inventors.
  • 117 Death or incapacity of inventor.
  • 118 Filing by other than inventor.
  • 119 Benefit of earlier filing date; right of priority.
  • 120 Benefit of earlier filing date in the United States.
  • 121 Divisional applications.
  • 122 Confidential status of applications; publication of patent applications.

CHAPTER 12 — EXAMINATION
OF APPLICATION

  • 131 Examination of application.
  • 132 Notice of rejection; reexamination.
  • 133 Time for prosecuting application.
  • 134 Appeal to the Board of Patent Appeals and Interferences.
  • 135 Interferences.

CHAPTER 13 — REVIEW OF PATENT AND
TRADEMARK OFFICE DECISION

  • 141 Appeal to Court of Appeals for the Federal Circuit.
  • 142 Notice of appeal.
  • 143 Proceedings on appeal.
  • 144 Decision on appeal.
  • 145 Civil action to obtain patent.
  • 146 Civil action in case of interference.

CHAPTER 14 — ISSUE OF PATENT

  • 151 Issue of patent.
  • 152 Issue of patent to assignee.
  • 153 How issued.
  • 154 Contents and term of patent; provisional rights.
  • 155 Patent term extension.
  • 155A Patent term restoration.
  • 156 Extension of patent term.
  • 157 Statutory invention registration.

CHAPTER 15 — PLANT PATENTS

  • 161 Patents for plants.
  • 162 Description, claim.
  • 163 Grant.
  • 164 Assistance of the Department of Agriculture.

CHAPTER 16 — DESIGNS

  • 171 Patents for designs.
  • 172 Right of priority.
  • 173 Term of design patent.

CHAPTER 17 — SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS IN FOREIGN COUNTRIES

  • 181 Secrecy of certain inventions and withholding of patent.
  • 182 Abandonment of invention for unauthorized disclosure.
  • 183 Right to compensation.
  • 184 Filing of application in foreign country.
  • 185 Patent barred for filing without license.
  • 186 Penalty.
  • 187 Nonapplicability to certain persons.
  • 188 Rules and regulations, delegation of power.

CHAPTER 18 — PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE

  • 200 Policy and objective.
  • 201 Definitions.
  • 202 Disposition of rights.
  • 203 March-in rights.
  • 204 Preference for United States industry.
  • 205 Confidentiality.
  • 206 Uniform clauses and regulations.
  • 207 Domestic and foreign protection of federally owned inventions.
  • 208 Regulations governing Federal licensing.
  • 209 Licensing federally owned inventions.
  • 210 Precedence of chapter.
  • 211 Relationship to antitrust laws.
  • 212 Disposition of rights in educational awards.
  • PART III — PATENTS AND PROTECTION OF PATENT RIGHTS

CHAPTER 25 — AMENDMENT AND CORRECTION OF PATENTS

  • 251 Reissue of defective patents.
  • 252 Effect of reissue.
  • 253 Disclaimer.
  • 254 Certificate of correction of Patent and Trademark Office mistake.
  • 255 Certificate of correction of applicant’s mistake.
  • 256 Correction of named inventor.

CHAPTER 26 — OWNERSHIP AND ASSIGNMENT

  • 261 Ownership; assignment.
  • 262 Joint owners.

 
CHAPTER 27 — GOVERNMENT INTERESTS IN PATENTS

  • 266 [Repealed.]
  • 267 Time for taking action in Government applications.

CHAPTER 28 — INFRINGEMENT OF PATENTS

  • 271 Infringement of patent.
  • 272 Temporary presence in the United States.
  • 273 Defense to infringement based on earlier inventor.

CHAPTER 29 — REMEDIES FOR INFRINGEMENT OF PATENT, AND OTHER ACTIONS

  • 281 Remedy for infringement of patent.
  • 282 Presumption of validity; defenses.
  • 283 Injunction.
  • 284 Damages.
  • 285 Attorney fees.
  • 286 Time limitation on damages.
  • 287 Limitation on damages and other remedies; marking
  • and notice.
  • 288 Action for infringement of a patent containing an
  • invalid claim.
  • 289 Additional remedy for infringement of design patent.
  • 290 Notice of patent suits.
  • 291 Interfering patents.
  • 292 False marking.
  • 293 Nonresident patentee; service and notice.
  • 294 Voluntary arbitration.
  • 295 Presumptions: Product made by patented process.
  • 296 Liability of States, instrumentalities of States, and State officials for infringement of patents.
  • 297 Improper and deceptive invention promotion.

CHAPTER 30 — PRIOR ART CITATIONS TO OFFICE AND EX PARTE REEXAMINATION OF PATENTS

  • 301 Citation of prior art.
  • 302 Request for reexamination.
  • 303 Determination of issue by Director.
  • 304 Reexamination order by Director.
  • 305 Conduct of reexamination proceedings.
  • 306 Appeal.
  • 307 Certificate of patentability, unpatentability, and claim cancellation.

CHAPTER 31 — OPTIONAL INTER PARTESR EEXAMINATION PROCEDURES

  • 311 Request for inter partes reexamination.
  • 312 Determination of issue by Director.
  • 313 Inter partes reexamination order by Director.
  • 314 Conduct of inter partes reexamination proceedings.
  • 315 Appeal.
  • 316 Certificate of patentability, unpatentability, and claim cancellation.
  • 317 Inter partes reexamination prohibited.
  • 318 Stay of litigation.

PART IV — PATENT COOPERATION TREATY

CHAPTER 35 — DEFINITIONS

  • 351 Definitions.

CHAPTER 36 — INTERNATIONAL STAGE

  • 361 Receiving Office.
  • 362 International Searching Authority and International Preliminary Examining Authority.
  • 363 International application designating the United States: Effect.
  • 364 International stage: Procedure.
  • 365 Right of priority; benefit of the filing date of a prior application.
  • 366 Withdrawn international application.
  • 367 Actions of other authorities: Review.
  • 368 Secrecy of certain inventions; filing international applications in foreign countries.

CHAPTER 37 — NATIONAL STAGE

  • 371 National stage: Commencement.
  • 372 National stage: Requirements and procedure.
  • 373 Improper applicant.
  • 374 Publication of international application.
  • 375 Patent issued on international application: Effect.
  • 376 Fees.

Download MPEP Appendix L - Patent Laws pdf from www.uspto.gov, 88 pages, 877.64KB.