A Revision to the 9TH Edition Manual of Patent Examining Procedure (MPEP) has been Published- USPTO

The Ninth Edition, Revision 07.2015 (October 2015) of the MPEP incorporates changes to the laws, rules, and practice necessitated by, or made as a result of, the Patent Law Treaties Implementation Act of 2012 (PLTIA), Public Law 112-211, 126 Stat. 1527 (Dec. 18, 2012).

The Revision includes authentic revisions to all chapters of the MPEP except chapters 1200, 1400, 1600, 1900, 2000 and 2300.  Along with these the revision adds following chapters:

  • Chapter 2900 entitled – “International Design Applications”
  • Chapter FPC entitled – “Form Paragraphs Consolidated”

Chapter 2900

Hague Agreement is an international agreement that enables an applicant to file a single international design application which may have the effect of an application for protection for the design(s) in countries and/or intergovernmental organizations that are parties to the Hague Agreement designated in the application. The United States is a Contracting Party to the Hague Agreement, which took effect with respect to the United States on May 13, 2015. The Hague Agreement is administered by the International Bureau of the World Intellectual Property Organization (“the International Bureau”).

The Basic Flow of this agreement is as follows:

  • Filing
  • Formal Examination by the International Bureau
  • Registration and Publication
  • Examination by the Offices of the Designated Contracting Parties

For more details about the Chapter click here

Chapter FPC

This Chapter is newly added to the Manual and provides a consolidated listing of the form paragraphs of the Manual and the details can be found here.

The Manual of Patent Examining Procedure (MPEP) is published by the United States Patent and Trademark Office (USPTO) for use by patent attorneys and agents and patent examiners. It illustrates all of the laws and regulations that must be followed in the examination of U.S. patent applications. The MPEP is based on Chapter 37 (Intellectual Property Regulations) of the Code of Federal Regulations. The first version of the MPEP was published in 1920 by the Patent and Trademark Office Society.

The MPEP comprises the following chapters: (9th Revised Edition)

  • 0100Secrecy, Access, National Security, and Foreign Filing
  • 0200Types, Cross-Noting, and Status of Application
  • 0300Ownership and Assignment
  • 0400Representative of Inventor or Owner
  • 0500Receipt and Handling of Mail and Papers
  • 0600Parts, Form, and Content of Application
  • 0700Examination of Applications
  • 0800Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
  • 0900Prior Art, Classification, and Search
  • 1000Matters Decided by Various U.S. Patent and Trademark Office Officials
  • 1100Statutory Invention Registration (SIR) and Pre-Grant Publication (PG Pub)
  • 1200Appeal
  • 1300Allowance and Issue
  • 1400Correction of Patents
  • 1500Design Patents
  • 1600Plant Patents
  • 1700Miscellaneous
  • 1800Patent Cooperation Treaty
  • 1900Protest
  • 2000Duty of Disclosure
  • 2100Patentability
  • 2200Citation of Prior Art and Ex Parte Reexamination of Patents
  • 2300Interference Proceedings
  • 2400Biotechnology
  • 2500Maintenance Fees
  • 2600Optional Inter Partes Reexamination
  • 2700Patent Terms and Extensions
  • 2800Supplemental Examination
  • 2900, International Design Applications(addition)
  • FPC, Form Paragraphs Consolidated (addition)
  • Appendix IPartial List of Trademarks’
  • Appendix IIList of Decisions Cited
  • Appendix LPatent Laws
  • Appendix RPatent Rules
  • Appendix TPatent Cooperation Treaty
  • Appendix AIAdministrative Instructions Under The PCT
  • Appendix PParis Convention
  • IndexSubject Matter Index

You can find the updated e-version of the manual here.

 

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