Patents > Search Colections > MPEP > 700 Examination of Applications

700 Examination of Applications

700 Examination of Applications
701 Statutory Authority for Examination
702 Requisites of the Application [R-3]
702.01 Obviously Informal Cases
703 "General Information Concerning Patents" [R-5]
704 Search and Requirements for Information
704.01 Search
704.10 Requirements for Information [R-3]
704.11 What Information May Be Required [R-3]
704.11(a) Examples of Information Reasonably Required [R-3]
704.11(b) When May a Requirement for Information Be Made
704.12 Replies to a Requirement for Information
704.12(a) Relationship of Requirement for Information to Duty of Disclosure
704.12(b) What Constitutes a Complete Reply [R-3]
704.12(c) Treatment of an Incomplete Reply
704.13 Time Periods for Reply
704.14 Making a Requirement for Information
704.14(a) Format of the Requirement [R-5]
704.14(b) Examiner's Obligation Following Applicant's Reply
704.14(c) Petitions to Requirements Under 37 CFR 1.105
704.14(d) Relationship to Information Disclosure Statements [R-5]
705 Patentability Reports [R-3]
705.01 Instructions re Patentability Reports
705.01(a) Nature of P.R., Its Use and Disposal [R-3]
705.01(b) Sequence of Examination
705.01(c) Counting and Recording P.R.s
705.01(d) Duplicate Prints of Drawings
705.01(e) Limitation as to Use
705.01(f) Interviews With Applicants
706 Rejection of Claims [R-5]
706.01 Contrasted With Objections
706.02 Rejection on Prior Art [R-6]
706.02(a) Rejections Under 35 U.S.C. 102(a), (b), or (e); Printed Publication or Patent [R-3]
706.02(b) Overcoming a 35 U.S.C. 102 Rejection Based on a Printed Publication or Patent [R-6]
706.02(c) Rejections Under 35 U.S.C. 102(a) or (b); Knowledge by Others or Public Use or Sale
706.02(d) Rejections Under 35 U.S.C. 102(c)
706.02(e) Rejections Under 35 U.S.C. 102(d)
706.02(f) Rejection Under 35 U.S.C. 102(e) [R-3]
706.02(f)(1) Examination Guidelines for Applying References Under 35 U.S.C. 102(e) [R-5]
706.02(f)(2) Provisional Rejections Under 35 U.S.C. 102(e); Reference Is a Copending U.S. Patent Application [R-3]
706.02(g) Rejections Under 35 U.S.C. 102(f)
706.02(h) Rejections Under 35 U.S.C. 102(g)
706.02(i) Form Paragraphs for Use in Rejections Under 35 U.S.C. 102 [R-3]
706.02(j) Contents of a 35 U.S.C. 103 Rejection [R-6]
706.02(k) Provisional Rejection (Obviousness) Under 35 U.S.C. 103 Using Provisional Prior Art Under 35 U.S.C. 102(e) [R-6]
706.02(l) Rejections Under 35 U.S.C. 103(a) Using Prior Art Under Only 35 U.S.C. 102 (e), (f), or (g) [R-6]
706.02(l)(1) Rejections Under 35 U.S.C. 103(a) Using Prior Art Under 35 U.S.C. 102(e), (f), or (g); Prior Art Disqualification Under 35 U.S.C. 103(c) [R-6]
706.02(l)(2) Establishing Common Ownership or Joint Research Agreement[R-6]
706.02(l)(3) Examination Procedure With Respect to 35 U.S.C. 103(c) [R-6]
706.02(m) Form Paragraphs for Use in Rejections Under 35 U.S.C. 103 [R-5]
706.02(n) Biotechnology Process Applications; 35 U.S.C. 103(b)
706.03 Rejections Not Based on Prior Art
706.03(a) Rejections Under 35 U.S.C. 101 [R-5]
706.03(b) Barred by Atomic Energy Act
706.03(c) Rejections Under 35 U.S.C. 112, First Paragraph
706.03(d) Rejections Under 35 U.S.C. 112, Second Paragraph [R-3]
706.03(k) Duplicate Claims
706.03(m) Nonelected Inventions
706.03(o) New Matter [R-3]
706.03(s) Foreign Filing Without License
706.03(u) Disclaimer [R-3]
706.03(v) After Interference or Public Use Proceeding
706.03(w) Res Judicata
706.03(x) Reissue [R-3]
706.04 Rejection of Previously Allowed Claims
706.05 Rejection After Allowance of Application
706.06 Rejection of Claims Copied From Patent [R-3]
706.07 Final Rejection [R-3]
706.07(a) Final Rejection, When Proper on Second Action [R-6]
706.07(b) Final Rejection, When Proper on First Action [R-6]
706.07(c) Final Rejection, Premature
706.07(d) Final Rejection, Withdrawal of, Premature [R-6]
706.07(e) Withdrawal of Final Rejection, General [R-6]
706.07(f) Time for Reply to Final Rejection [R-6]
706.07(g) Transitional After-Final Practice [R-5]
706.07(h) Request for Continued Examination (RCE) Practice [R-6]
707 Examiner's Letter or Action [R-6]
707.01 Primary Examiner Indicates Action for New Assistant
707.02 Applications Up for Third Action and 5-Year Applications
707.05 Citation of References [R-6]
707.05(a) Copies of Cited References [R-3]
707.05(b) Citation of Related Art and Information by Applicants
707.05(c) Order of Listing
707.05(d) Reference Cited in Subsequent Actions [R-5]
707.05(e) Data Used in Citing References
707.05(f) Effective Dates of Declassified Printed Matter
707.05(g) Incorrect Citation of References [R-3]
707.06 Citation of Decisions, Orders Memorandums, and Notices
707.07 Completeness and Clarity of Examiner's Action
707.07(a) Complete Action on Formal Matters [R-5]
707.07(b) Requiring New Oath
707.07(c) Draftsperson's Requirement
707.07(d) Language To Be Used in Rejecting Claims
707.07(e) Note All Outstanding Requirements
707.07(f) Answer All Material Traversed [R-3]
707.07(g) Piecemeal Examination
707.07(h) Notify of Inaccuracies in Amendment [R-5]
707.07(i) Each Claim To Be Mentioned in Each Office Action [R-3]
707.07(j) State When Claims Are Allowable [R-5]
707.07(k) Numbering Paragraphs
707.07(l) Comment on Examples
707.08 Reviewing and Initialing by Assistant Examiner [R-3]
707.09 Signing by Primary or Other Authorized Examiner
707.10 Entry
707.11 Date
707.12 Mailing
707.13 Returned Office Action [R-6]
708 Order of Examination
708.01 List of Special Cases
708.02 Petition To Make Special [R-6]
708.02(a) Accelerated Examination [R-5]
708.03 Examiner Tenders Resignation
709 Suspension of Action [R-6]
709.01 Overlapping Applications by Same Applicant or Owned by Same Assignee [R-3]
710 Period for Reply
710.01 Statutory Period [R-3]
710.01(a) Statutory Period, How Computed
710.02 Shortened Statutory Period and Time Limit Actions Computed [R-3]
710.02(b) Shortened Statutory Period: Situations in Which Used [R-3]
710.02(c) Specified Time Limits: Situations in Which Used [R-3]
710.02(d) Difference Between Shortened Statutory Periods for Reply and Specified Time Limits [R-3]
710.02(e) Extension of Time [R-3]
710.04 Two Periods Running [R-3]
710.04(a) Copying Patent Claims [R-3]
710.05 Period Ending on Saturday, Sunday, or a Federal Holiday
710.06 Situations When Reply Period Is Reset or Restarted [R-6]
711 Abandonment of Patent Application [R-3]
711.01 Express or Formal Abandonment [R-6]
711.02 Failure To Take Required Action During Statutory Period [R-3]
711.02(a) Insufficiency of Reply
711.02(b) Special Situations Involving Abandonment [R-3]
711.02(c) Termination of Proceedings
711.03 Reconsideration of Holding of Abandonment; Revival
711.03(a) Holding Based on Insufficiency of Reply
711.03(b) Holding Based on Failure To Reply Within Period
711.03(c) Petitions Relating to Abandonment [R-6]
711.03(d) Examiner's Statement on Petition To Set Aside Examiner's Holding
711.04 Public Access to Abandoned Applications
711.04(a) Pulling and Forwarding Abandoned Applications
711.04(b) Ordering of Patented and Abandoned Files [R-5]
711.04(c) Notifying Applicants of Abandonment
711.05 Letter of Abandonment Received After Application Is Allowed
711.06 Abstracts, Abbreviatures, and Defensive Publications
711.06(a) Citation and Use of Abstracts, Abbreviatures, and Defensive Publications as References
713 Interviews
713.01 General Policy, How Conducted [R-6]
713.02 Interviews Prior to First Official Action [R-6]
713.03 Interview for "Sounding Out" Examiner Not Permitted
713.04 Substance of Interview Must Be Made of Record [R-3]
713.05 Interviews Prohibited or Granted, Special Situations [R-5]
713.06 No Inter Partes Questions Discussed Ex Parte
713.07 Exposure of Other Cases
713.08 Demonstration, Exhibits, Models [R-3]
713.09 Finally Rejected Application
713.10 Interview Preceding Filing Amendment Under 37 CFR 1.312
714 Amendments, Applicant's Action [R-6]
714.01 Signatures to Amendments
714.01(a) Unsigned or Improperly Signed Amendment [R-3]
714.01(c) Signed by Attorney or Agent Not of Record
714.01(d) Amendment Signed by Applicant but Not by Attorney or Agent of Record
714.01(e) Amendments Before First Office Action [R-5]
714.02 Must Be Fully Responsive [R-3]
714.03 Amendments Not Fully Responsive, Action To Be Taken [R-3]
714.03(a) Supplemental Amendment [R-3]
714.04 Claims Presented in Amendment With No Attempt To Point Out Patentable Novelty
714.05 Examiner Should Immediately Inspect [R-3]
714.06 Amendments Sent to Wrong Technology Center
714.07 Amendments Not in Permanent Ink [R-3]
714.10 Claims Added in Excess of Claims Previously Paid For [R-3]
714.11 Amendment Filed During Interference Proceedings [R-3]
714.12 Amendments and Other Replies After Final Rejection or Action [R-3]
714.13 Amendments and Other Replies After Final  Rejection or Action, Procedure Followed [R-5]
714.14 Amendments After Allowance of All Claims [R-3]
714.15 Amendment Received in Technology Center After Mailing of Notice of Allowance [R-3]
714.16 Amendment After Notice of Allowance, 37 CFR 1.312 [R-3]
714.16(a) Amendments Under 37 CFR 1.312, Copied Patent Claims [R-3]
714.16(b) Amendments Under 37 CFR 1.312 Filed With a Motion Under 37 CFR 41.208 [R-3]
714.16(c) Amendments Under 37 CFR 1.312, Additional Claims
714.16(d) Amendments Under 37 CFR 1.312, Handling [R-3]
714.16(e) Amendments Under 37 CFR 1.312, Entry in Part [R-3]
714.17 Amendment Filed After the Period for Reply Has Expired [R-3]
714.18 Entry of Amendments [R-3]
714.19 List of Amendments, Entry Denied [R-5]
714.20 List of Amendments Entered in Part
714.21 Amendments Inadvertently Entered, No Legal Effect
714.25 Discourtesy of Applicant or Attorney
715 Swearing Back of Reference - Affidavit or Declaration Under 37 CFR 1.131 [R-3]
715.01 37 CFR 1.131 Affidavits Versus 37 CFR 1.132 Affidavits
715.01(a) Reference Is a Joint Patent or Published Application to Applicant and Another
715.01(b) Reference and Application Have Common Assignee
715.01(c) Reference Is Publication of Applicant's Own Invention
715.01(d) Activities Applied Against the Claims
715.02 How Much of the Claimed Invention Must Be Shown, Including the General Rule as to Generic Claims [R-6]
715.03 Genus-Species, Practice Relative to Cases Where Predictability Is in Question
715.04 Who May Make Affidavit or Declaration; Formal Requirements of Affidavits and Declarations [R-6]
715.05 U.S. Patent or Application Publication Claiming Same Invention [R-5]
715.07 Facts and Documentary Evidence [R-3]
715.07(a) Diligence
715.07(b) Interference Testimony Sometimes Used
715.07(c) Acts Relied Upon Must Have Been Carried Out in This Country or a NAFTA or WTO Member Country
715.07(d) Disposition of Exhibits
715.08 Passed Upon by Primary Examiner [R-6]
715.09 Seasonable Presentation [R-3]
715.10 Review of Affidavit or Declaration for Evidence of Prior Public Use or Sale or Failure to Disclose Best Mode
716 Affidavits or Declarations Traversing Rejections, 37 CFR 1.132
716.01 Generally Applicable Criteria [R-3]
716.01(a) Objective Evidence of Nonobviousness
716.01(b) Nexus Requirement and Evidence of Nonobviousness
716.01(c) Probative Value of Objective Evidence
716.01(d) Weighing Objective Evidence [R-6]
716.02 Allegations of Unexpected Results
716.02(a) Evidence Must Show Unexpected Results
716.02(b) Burden on Applicant
716.02(c) Weighing Evidence of Expected and Unexpected Results
716.02(d) Unexpected Results Commensurate in Scope With Claimed Invention
716.02(e) Comparison With Closest Prior Art
716.02(f) Advantages Disclosed or Inherent
716.02(g) Declaration or Affidavit Form
716.03 Commercial Success
716.03(a) Commercial Success Commensurate in Scope With Claimed Invention
716.03(b) Commercial Success Derived From Claimed Invention
716.04 Long-Felt Need and Failure of Others
716.05 Skepticism of Experts
716.06 Copying [R-6]
716.07 Inoperability of References
716.08 Utility and Operability of Applicant's Disclosure
716.09 Sufficiency of Disclosure
716.10 Attribution
718 Affidavit or Declaration to Disqualify Commonly Owned Patent as Prior Art, 37 CFR 1.130 [R-6]
719 File Wrapper
719.01 Papers in File Wrapper
719.01(a) Arrangement of Papers in File Wrapper
719.01(b) Prints
719.02 Data Entered on File Wrapper
719.02(b) Name or Residence of Inventor or Title Changed
719.03 Classification During Examination [R-3]
719.04 Index of Claims [R-3]
719.05 Field of Search [R-6]
719.06 Foreign Filing Dates
719.07 Related Applications [R-3]
720 Public Use Proceedings [R-3]
720.01 Preliminary Handling [R-3]
720.02 Examiner Determination of Prima Facie Showing
720.03 Preliminary Hearing
720.04 Public Use Proceeding Testimony [R-3]
720.05 Final Decision
724 Trade Secret, Proprietary, and Protective Order Materials
724.01 Completeness of the Patent File Wrapper
724.02 Method of Submitting Trade Secret, Proprietary, and/or Protective Order Materials [R-6]
724.03 Types of Trade Secret, Proprietary, and/or Protective Order Materials Submitted Under MPEP § 724.02
724.04 Office Treatment and Handling of Materials Submitted Under MPEP § 724.02 [R-6]
724.04(a) Materials Submitted in an Application Covered by 35 U.S.C. 122 [R-6]
724.04(b) Materials Submitted in Reissue Applications Open to the Public Under 37 CFR 1.11(b) [R-6]
724.04(c) Materials Submitted in Reexamination File Open to the Public Under 37 CFR 1.11(d) [R-6]
724.05 Petition To Expunge Information or Copy of Papers in Application File [R-6]
724.06 Handling of Petitions To Expunge Information or Copy of Papers in Application File [R-6]

700 Examination of Applications

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