« PreviousContinue »
v. 17, 1929
Monthly, June 1911–
Inc. Quarterly, v. 1 Mar.-June 1929
1.15 Pending applications kept in 1.1 Business to be transacted in
1.16 Records and copies in patented writing.
1.17 Register of attorneys. 1.4 Personal attendance.
1.18 Power of attorney. 1.5 Correspondence with assignee.
1.19 Substitution and association. 1.6 Correspondence with inventor and 1.20 Revocation. assignee.
1.21 Personal interviews with exam
iners. 1.7 Correspondence with attorney.
1.22 Decorum and courtesy in business. 1.8 Separate letters.
1.23 Services of Senators or Repre1.9 Letters relating to applications.
1.25 Executors and administrators. hours.
1.26 Patents to assignees. 1.13 Interviews with examiners.
1.27 Inventor believing himself to be Information to correspondents
first inventor. 1.14 Subjects on which information 1.28 Joint inventors. cannot be given.
1.29 Foreign patents.
Page 1 for filing. 1.68 Right to amend.
1.71 Inaccuracies or prolixity. 1.30 Requisites of application.
1.72 Return of specification and draw1.31 Incomplete application shall not
ings. be filed.
1.73 Amendments must be specific. 1.32 All parts of application to be filed 1.74 Specification rewritten. together.
1,75 Patents showing but not claiming 1.33 Petition.
1.76 Receiving affidavits supporting or 1.34 Definition.
traversing references made when 1.35 Detailed description.
an application is rejected on ref
erence. 1.36 Improvements.
1.77 Abandonment; suspension of ap. 1.37 Claims. 1.38 Improvements; reference to draw
1.78 Amendment after notice of allowings. 1.39 Arrangement of specification.
ance without withdrawal from
issue. 1.40 Signature to specification. 1.41 Joinder of inventions.
Designs 1.42 Division of applications.
1.79 Design patents; to whom granted. 1.43 Cross references.
1.80 Terms of design patents. 1.44 Reservation clauses not permitted. 1.81 Proceedings. 1.45 Legible writing required.
1.82 Arrangement of specification. Oath
1.83 Model. 1.46 Oath of applicant, executor, or
1.84 Drawings to conform to rules. guardian.
Reissues 1.47 Officers authorized to administer 1.85 Reissue; when granted. oaths.
1.86 Abstract of title; assent of as1.48 Supplemental oath.
1.87 Prerequisites; oath of applicant
for reissue. 1.49 Drawings.
1.88 New matter. 1.50 Requisites of drawings. 1.51 Two editions of drawings.
1.89 Division of reissue application. 1.32 Uniform standard.
1.90 Re-examination of reissue claims. 1.53 Drawings for reissue applications. 1.92 Matter to be claimed only in a
1.91 Original patent. 1.54 Defective drawings.
reissue. 1.55 Drawings furnished by office.
Interferences Models 1.56 When required.
1.93 Interference defined. 1.57 Requisites of models.
1.94 When declared; copying claims. 1.58 Material.
1.95 Preparation for interference. 1.59 Working models.
1.96 Suggestion of claims for inter
ference. 1.60 Models in rejected, abandoned, and patented cases.
1.97 Examiner preparing interference 1.61 Models filed as exhibits.
notices, etc. 1.62 Specimens.
1.98 Revision of notices by examiner
of interferences. Examination
1.99 Reference to Commissioner. 1.63 Order of examination.
1.100 Primary examiner retains juris1.64 Merits treated throughout.
diction. Rejections and references
1.101 Jurisdiction of examiner of inter1.65 Notice of rejection.
ferences. 1.66 References to be cited.
1.102 Institution and declaration of in1.67 Adverse decisions on preliminary 1.103 Notices to parties ; publication in
1.105 Certified copies used in interfer1.69 Request for reconsideration.
ence proceedings. 1.70 Amendments to correspond to 1.106 New application for claims not in original drawing or specifica
1.107 Disclaimer and abandonment.
supporting or ces made when ejected on ref.
pension of ap
otice of allow. hdrawal from
rhom granted. -tents.
n to rules.
Sec. 1.108 Inspection of claims of opposing 1.147 Reconsideration of cases by Comparties.
missioner. 1.109 Motion to amend interference.
Appeals to the United States 1.110 Preliminary statements; require
Court of Customs and Patent ments.
1.150 Pro forma proceedings in Patent 1.113 Motion to amend preliminary
1.152 Setting of time of hearings. 1.115 Failure to file statement.
Motions 1.116 Presumption as to order of inven- 1.153 Notice and proof of service. tion.
Testimony in interferences and 1.117 Statement not evidence.
other contested cases 1.118 Time for taking testimony.
1.154 Testimony in interferences. 1.119 Failure to take testimony.
1.155 Form of deposition. 1.120 Postponement of hearing.
1.156 Testimony transcribed. 1.121 Extension of time for taking testi- 1.157 Testimony taken in one intermony.
ference may be used in another. 1.122 Motion to dissolve; motion to 1.158 Testimony taken in foreign coun. shift burden of proof.
1.161 Inspection and printing. 1.125 Determination.
1.162 Copies of testimony.
consideration of new references. 1.165 Withdrawal from issue.
1.166 Withdrawal from issue will not 1.130 Nonpatentability of claim to op
stay abandonment. ponent as basis for priority.
Date, duration, and form of 1.131 Prosecution or defense by as
1.167 Date of patent.
Appeals to the board of appeals 1.169 Delivery.
Abandoned, forfeited, revived, 1.133 Appeal to board of appeals.
and renewed applications 1.134 Prerequisites.
1.171 Abandoned application.
1.172 Revival of application.
1.174 Forfeited or withheld applica1.138 Application remanded to primary
1.175 New application after nonpay1.139 Decision of board of appeals.
ment of final fee. 1.140 Rehearings.
1.176 Renewal; old application papers 1.141 Jurisdiction.
may be used.
application. reissue claims.
ned only in a
I. sing claims. -rference. ms for inter
ssjoner. Tetains juris
niner of inter
aration of in
1.178 No notice of subsequent applicaAppeals to the board of appeals
tions. in contested cases
1.179 Copies. 1.143 Appeals to board of appeals.
1.180 Extension of patents. 1.144 Briefs in appealed cases.
Disclaimers 1.145 Right to open and close.
1.181 Grounds, form, and effect. 1.146 Jurisdiction.
1.182 Different kinds of disclaimers.
ment of time
claims not in
1.193 Copies certified by office. 1.183 Assignability of patents.
1.194 Payment of money. 1.184 Assignees and grantees.
1.195 Money paid by mistake refunded. 1.185 Recording; acknowledgment.
Publications 1.186 Recorded in English language.
1.196 Official Gazette. 1.187 Conditional assignments. 1.188 Issue to assignee.
Library regulations 1.189 Receipt, recording, and return of 1.197 Removal of books, translations, assignments.
and copies. Office fees
Amendments of the rules 1.190 Fees payable in advance.
1.198 Publication. 1.191 Schedule.
1.199 Questions not specifically pro1.192 Orders for copies.
Prints and labels : See Part 9.
foreign lands: See Foreign Relations, 22 CFR 91.443.
CORRESPONDENCE Section 1.1 Business to be transacted in writing. All business with the office should be transacted in writing. Unless by the consent of all parties, the action of the office will be based exclusively on the written record. No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is a disagreement or doubt.**
*88 1.1 to 1.199, inclusive, issued under the authority contained in R.S. 483; 35 U.S.C. 6. Additional statutory provisions applicable to particular sections are noted in parentheses at the end of such sections.
tin 88 1.1 to 1.199, inclusive, the numbers to the right of the decimal point correspond with the respective rule numbers in Rules of Practice in the United States Patent Office, revised, approved by the Secretary of Commerce, Aug. 3, 1936, issued by Commissioner of Patents, Oct. 1, 1936.
1.2 Correspondence to be in name of Commissioner. All office letters must be sent in the name of the "Commissioner of Patents." All letters and other communications intended for the office must be addressed to him; if addressed to any of the other officers, they will ordinarily be returned.*+
1.3 All charges to be prepaid. Express charges, freight, postage, and all other charges on matter sent to the Patent Office must be prepaid in full; otherwise it will not be received.**
1.4 Personal attendance. The personal attendance of applicants at the Patent Office is unnecessary. Their business can be transacted by correspondence.**
1.5 Correspondence with assignee. The assignee of the entire interest of an invention is entitled to hold correspondence with the office to the exclusion of the inventor. (See § 1.20.)**
1.6 Correspondence with inventor and assignee. When there has been an assignment of an undivided part of an invention, amendments and other actions requiring the signature of the inventor
**For statutory and source citations, see note to $ 1.1. e inventor
All business by the con
exclusively alleged ora) ich there is
must also receive the written assent of the assignee; but official letters will only be sent to the post-office address of the inventor, unless he shall otherwise direct.**
1.7 Correspondence with attorney. When an attorney shall have filed his power of attorney, duly executed, the correspondence will be held with him.
A double correspondence with the inventor and an assignee, or with a principal and his attorney, or with two attorneys, cannot generally be allowed.**
1.8 Separate letters. A separate letter should in every case be written in relation to each distinct subject of inquiry or application. Assignments for record, final fees, and orders for copies or abstracts must be sent to the office in separate letters.
Papers sent in violation of this section will be returned.**
1.9 Letters relating to applications. When a letter concerns an application, it should state the name of the applicant, the title of the invention, the serial number of the application (see $ 1.31), and the date of filing the same (see $ 1.32).***
1.10 Letters relating to patents. When the letter concerns a patent, it should state the name of the patentee, the title of the invention, and the number and date of the patent.**
1.11 Public use proceedings. No attention will be paid to unverified ex parte statements or protests of persons concerning pending applications to which they are not parties, unless information of the pendency of these applications shall have been voluntarily communicated by the applicants.
When a petition for the institution of public-use proceedings, supported by affidavits, is found, on reference to the primary examiner, to make a prima facie showing that the invention involved in an interference or disclosed in an application believed to be on file had been in public use or on sale 2 years before the filing of the application, or before the date alleged by an interfering party in his preliminary statement, a hearing may be had before the Commissioner to determine whether a public-use proceeding should be instituted. If instituted, times may be set for taking testimony.
The papers should be filed in duplicate, or served upon the applicant or his attorney of record and petitioner should offer to bear any expense to which the office may be put.**
1.12 Mail; filing of papers after office hours. Mail placed in the Patent Office pouch in the post office at Washington, D. C., up to 4.30 p. m. on weekdays, excepting holidays, and 1 p. m. on half holidays, is entered as received in the Patent Office on the day it reaches the post office.
Special-delivery letters and other papers may be deposited in a box provided at the watchman's desk at the E Street entrance of the Patent Office up to midnight on weekdays, including holidays, and all papers deposited therein are entered as received in the Patent Office on the
Letters received at the office will be answered, and orders for printed copies filled, without unnecessary delay. Telegrams, if not re
day of deposit.
**For statutory and source citations, see note to g 1.1.
ote to $ 1.1.