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principals in respect to any Govern- ents and Trademarks for recording all ment contract or the requirements of licenses, assignments, or other interany other Government agency.

ests of the Government in or under 124 FR 10381. Dec. 22. 1959. Redesignated at patents or applications for patents. 49 FR 13463, Apr. 4, 1984)

8 7.2 Assignments. 8 5.32 Papers in English language.

The original of an assignment or All papers submitted in connection other instrument which conveys to the with petitions must be in the English Government only the title to a patent language, or be accompanied by an or to an application for patent shall be English translation and a translator's forwarded to the Commissioner of certificate as to the true, faithful and Patents and Trademarks. The instruexact character of the translation. ment will be recorded, endorsed, and [24 FR 10381, Dec. 22, 1959. Redesignated at 49 FR 13463, Apr. 4, 1984)

8 7.3 Licenses. 8 5.33 Correspondence.

A copy of any license or instrument All correspondence in connection other than an assignment which conwith this part, including petitions, veys to or gives the Government any should be addressed to “Commissioner interest in or under a patent or an apof Patents and Trademarks (Attention plication for patent shall be forwarded Licensing and Review), Washington, for recording. The copy will be reD.C. 20231.”

tained by the Patent and Trademark [49 FR 13463, Apr. 4, 1984)

Office but, when desired, the original

will be endorsed and returned. PART 6–CLASSIFICATION OF

87.4 Abbreviated copy. GOODS AND SERVICES UNDER THE TRADEMARK ACT

If an instrument deals with matters

in addition to rights and interests in EDITORIAL NOTE: Part 6 is placed in a sepa

patents or in applications for patents, rate grouping of parts pertaining to trade or in inventions disclosed therein, a marks. It appears on page 194 of this copy of only those portions of the involume.

strument dealing with such rights and

interests need be forwarded. In such PART 7-REGISTER OF GOVERNMENT case, a statement giving the general INTERESTS IN PATENTS

nature of the entire instrument, the

parties involved, the date of the inSec.

strument, the place where it is usually 7.1 Requirements.

filed, and any docket or identifying 7.2 Assignments.

number, must be attached to the copy. 7.3 Licenses. 7.4 Abbreviated copy.

8 7.5 Instruments already on record. 7.5 Instruments already on record. 7.6 Access to register.

Instruments which have been re7.7 Secret register.

corded prior to the adoption of $ $ 7.1 AUTHORITY: E.O. 9424, Feb. 18, 1944, 9 FR

to 7.7 and are on the general assign1959; 3 CFR 1943-1948 Comp.

ment records of the Patent and TradeSOURCE: 24 FR 10383, Dec. 22, 1959, unless

mark Office need not be forwarded otherwise noted.

again for recording. 87.1 Requirements.

87.6 Access to register. Executive Order 9424 (3 CFR 1943 The register will not be open to 1948 Comp.) requires the several de- public inspection. It will be available partments and other executive agen- for examination and inspection by cies of the Government, including duly authorized representatives of the Government-owned or Government- Government, subject to the provisions controlled corporations, to forward of $ 7.7. Public examination will be repromptly to the Commissioner of Pat. stricted to those instruments which

the department or agency of origin ment and requested secrecy, and the has so authorized in writing.

approval of such authority by the

Commissioner of Patents and Trade87.7 Secret register.

marks. No instrument or record other Any instrument to be recorded will than the one specified may be exambe placed on a secret record or register ined, and the examination must take at the request of the department or place in the presence of a designated agency submitting the same. No infor- official of the Patent and Trademark mation will be given concerning any Office. When the department or instrument in such record or register, agency which submitted an instruand no examination or inspection ment no longer requires secrecy with thereof or of the index thereto will be respect to that instrument, it will be permitted, except on the written au- recorded or registered anew in the apthority of the head of the department propriate part of the register which is or agency which submitted the instru- not secret.

INDEX -RULES RELATING TO PATENTS

...... 1.14
...... 1.137

....... 1.302(c)

Section
Abandoned applications:
Abandonment by failure to prosecute..........

1.135
Abandonment during interference.....

1.662(a)
Abandonment for failure to pay issue fee.......

1.316
Destruction of.............

1.14
Express abandonment...

1.138
Not cited................

.1.108
Processing and retention fee...

1.21(1)
Referred to in issued patents....
Revival of...............
When to public...........

....1.14
Abandonment of application. (See Abandoned applications.)
Abstract of the disclosure...

1.72
Access, petition for........

1.14
Action by applicant.......

.1.111-1.138
Address for notice to Commissioner of appeal to Fed. Cir.......
Address of Solicitor's Office...........

1.1(g)
Address of the Patent and Trademark Office.....

1.1
Box FWC.............

1.62(i)
Box Interference..

..1.1(e)
Box M. Fee............

1.1(d)
Box Patent Ext.......

.1.1(f)
Box PCT.......

...1.1(b)
Box Reexam....

1.1(c)
Administrator or executor, May make application and receive patent. ......... 1.42

Proof of authority............
Admission to practice. (See Attorneys and agents.)
Affidavit (see also Oath in patent application):
After appeal..............

.1.195
In support of application for reissue...

1.175
To overcome cited patent or publication.......

1.131
Traversing grounds of rejection.......

1.132
Agents. (See Attorneys and agents.)
Allowance and issue of patent:
Amendment after allowance...

1.312
Traversing grounds of rejection.....

1.312
Delayed payment of issue fee.....

1.316, 1.317
Delivery of patent........

1.315
Forfeited application.....

1.316
Issuance of patent.......

1.314
Notice of allowance.........

1.311, 1.313
Patent to issue upon payment of issue fee......

1.311, 1.314
Patent to lapse if issue fee is not paid in full...

1.317
Patent withheld for nonpayment of issue fee..

.1.316
Reasons for..........

1.109
Withdrawal from issue......

1.313
Allowed claims statement of grounds for rejecting, by Board of Patent
Appeals and Interferences...

..1.196

......... 1.44

..........

... 1.312

... 1.122

Section
Amendment:
Adding or substituting claims.........

1.119 After appeal.......

.1.116 After decision on appeal, based on new rejection of Board of Patent Appeals and Interferences.....

1.196 After final action.............

1.116 After notice of allowance.. By patent owner.....

1.530 Copying claim of another application for interference..

.1.603 Copying claim of issued patent...

1.606, 1.607 Drawings..............

1.123 Entry and consideration of.. Erasures and insertions.......

1.121 Involving a departure from original invention...........

1.118 Manner of making...

1.121 May be required........

1.117 Not covered by original oath.

1.67 Numbering of claims.....

1.126 Of amendments............

1.124 Of claims....

1.119 Of disclosure.....

1.118 Of drawing.....

1.123 Of specification......

1.118 Paper and writing..

1.52 Petition from refusal to admit..

1.127 Proposed during interference...

.1.615 Reissue........

1.121(e), 1.173 Requisites of.......

1.33, 1.111, 1.115, 1.116, 1.121, 1.123, 1.124, 1.125 Right to amend...

..1.111, 1.115, 1.116, 1.127 Signature to, when no attorney or agent..

1.33 Substitute specification.....

.1.125 Time for..........

1.135 To accompany motion to amend interference..

1.633 To applications in interference.......

1.633 To correct inaccuracies or prolixity.....

1.117 To correspond to original drawing or specification......

.1.118 To preliminary statement in interference.........

... 1.628 To reissues.......

1.173, 1.174 To save from abandonment..............

.1.135 Appeal to Board of Patent Appeals and Interferences: Action following decision......

1.197 Affidavits after appeal.....

.1.195 Brief....

1.192 Decision by Board..........

1.196 Examiner's answer........

1.193 Fees.......

1.17 Hearing of............

1.194 New grounds for refusing a patent.......

..1.196 Rehearing......

1.197 Reopening after decision.......

1.198 Reply brief..........

.1.193 Requirements of.. .........

1.191 Statement of grounds for rejecting, by Board of Patent Appeals and Interferences..

1.196 Time periods........

.1.191 Appeal to Court of Appeals for the Federal Circuit:

.........

... 1.48

... 1.33

....1.53

... 1.54

Section Fee provided by rules of court..........

1.301 From Board of Patent Appeals and Interferences...

1.301 Notice and reasons of appeal.

.1.302 Time for................

1.302, 1.304 Applicant for patent.........

1.41–1.48 Change........

1.48 Deceased or insane inventor..

.1.42, 1.43 Executor or administrator..

1.42 Informed of serial number of application.......

1.55 Joint changed to sole................ Letters for, sent to attorney or agent..........

1.33 May be represented by an attorney or agent.

1.31 Personal attendance unnecessary.................

1.2 Required to conduct business with decorum and courtesy.

...1.3 Required to report assistance received............ Sole changed to joint...............

1.48 Sole changed to another sole.............

1.48 Application for patent (see also Abandoned applications, Claims, Drawing, Ex

amination of application Reissues, Specification): Accepted and filed for examination only when complete..... Access to.............

.1.14 Acknowledgement of filing. Alteration after execution forbidden.....

.1.56 Alteration before execution.........

..1.52 Arrangement.............

1.77 Continuation or division, reexecution not required.....

.1.60, 1.62 Copies of, furnished to applicants........

.1.59 Cross-references of related applications..

1.78 Deceased or insane inventor..........

.1.42, 1.43 Declaration............

1.68 Duty of disclosure.......

1.56 Execution in blank forbidden.......

.1.56 File Wrapper Continuing application.

..1.62 Filed by other than inventor..

1.42, 1.43, 1.47 Filing date.........

.1.53 Foreign language oath or declaration.....

1.69 Formulas and tables.............

..1.58 General requisites.......

1.51 Identification required in letters concerning.. Improper applications............

1.56 Incomplete papers not accepted and filed for examination......

1.53 Interlineations, etc., to be indicated....

1.52 Language, paper, writing, margin..

.1.52 Later filing of oath and filing fee.........

.1.53 Must be made by actual inventor, with exceptions...

.1.41, 1.46 Names of all inventors required..

1.41, 1.53 New, after abandonment, may use old drawings......

1.88 Non-English language..........

..1.52 Owned by Government...............

1.103 Papers having filing date not to be returned.

1.59 Parts filed separately....

.1.54 Parts of application desirably filed together.

1.54 Parts of complete application...

1.51 Patent open for inspection......

1.11 Processing fees.........

1.17 Relating to atomic energy.

1.14

...... 1.5

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