Manual of Patent Examining Procedure

Manual of Patent Examining Procedure
"MPEP" redirects here. For the drug, see 2-Methyl-6-(phenylethynyl)pyridine.

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 describes all of the laws and regulations that must be followed in the examination of U.S. patent applications, and articulates their application to an enormous variety of different situations. The MPEP is based on Chapter 37 (Intellectual Property Regulations) of the Code of Federal Regulations, which derives its authority from Title 35 (Patents) of the United States Code.

The MPEP is used extensively by patent attorneys and agents to help make sure they follow the proper USPTO regulations. The USPTO registration examination tests knowledge of the MPEP and the underlying laws and regulations.

The MPEP is available in both PDF and HTML versions. The current version of the MPEP is the 8th Edition, Revision 8, which was released in July 2010. The MPEP has traditionally been available in paper form, but electronic versions are now used more often, particularly because an applicant may consult the electronic versions only while taking the USPTO registration examination, or the patent bar examination. As of April 12, 2011 the patent bar examination tests the 8th Edition, Revision 8.[1]

The MPEP provides guidance to members of the public on how to present persuasive arguments to a patent examiner as to why a patent should be granted on a given patent application. See in particular Chapter 2100 on patentability.

Contents

Contents

The MPEP comprises the following chapters:

  • 0100, Secrecy, Access, National Security, and Foreign Filing
  • 0200, Types, Cross-Noting, and Status of Application
  • 0300, Ownership and Assignment
  • 0400, Representative of Inventor or Owner
  • 0500, Receipt and Handling of Mail and Papers
  • 0600, Parts, Form, and Content of Application
  • 0700, Examination of Applications
  • 0800, Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
  • 0900, Prior Art, Classification, and Search
  • 1000, Matters Decided by Various U.S. Patent and Trademark Office Officials
  • 1100, Statutory Invention Registration (SIR) and Pre-Grant Publication (PG Pub)
  • 1200, Appeal
  • 1300, Allowance and Issue
  • 1400, Correction of Patents
  • 1500, Design Patents
  • 1600, Plant Patents
  • 1700, Miscellaneous
  • 1800, Patent Cooperation Treaty
  • 1900, Protest
  • 2000, Duty of Disclosure
  • 2100, Patentability
  • 2200, Citation of Prior Art and Ex Parte Reexamination of Patents
  • 2300, Interference Proceedings
  • 2400, Biotechnology
  • 2500, Maintenance Fees
  • 2600, Optional Inter Partes Reexamination
  • 2700, Patent Terms and Extensions
  • Appendix I, Partial List of Trademarks'
  • Appendix II, List of Decisions Cited
  • Appendix L, Patent Laws
  • Appendix R, Patent Rules
  • Appendix T, Patent Cooperation Treaty
  • Appendix AI, Administrative Instructions Under The PCT
  • Appendix P, Paris Convention
  • Index, Subject Matter Index

See also

References

  1. ^ http://www.uspto.gov/ip/boards/oed/exam/exam_reg_prac_update.jsp

External links


Wikimedia Foundation. 2010.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • Manual of Patent Office Practice — The Manual of Patent Office Practice (MOPOP) is a manual for patent agents and patent examiners, published by the Canadian Intellectual Property Office (CIPO). It documents the procedures and practices relative to the prosecution of patent… …   Wikipedia

  • Trademark Manual of Examining Procedure — The Trademark Manual of Examining Procedure (abbreviated TMEP) is a manual published by the United States Patent and Trademark Office (USPTO) for use by trademark attorneys and trademark examiners. It describes all of the laws and regulations… …   Wikipedia

  • Patent prosecution — describes the interaction between an applicant, or their representative, and a patent office with regard to a patent, or an application for a patent. Broadly, patent prosecution can be split into pre grant prosecution, which involves negotiation… …   Wikipedia

  • Patent attorney — A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition. The term… …   Wikipedia

  • Divisional applications under the European Patent Convention — In the procedure before the European Patent Office (EPO), divisional applications can be filed under Article 76 EPC. Such a divisional application, sometimes called European divisional application, is a new patent application which is separate… …   Wikipedia

  • Term of patent in the United States — In the United States, under current patent law, the term of patent, provided that maintenance fees are paid on time, are:* For applications filed on or after June 8, 1995 [ [http://www.uspto.gov/web/offices/pac/mpep/documents/2700… …   Wikipedia

  • United States Patent and Trademark Office — The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual… …   Wikipedia

  • Board of Patent Appeals and Interferences — The Board of Patent Appeals and Interferences (BPAI) is a body of the United States Patent and Trademark Office (USPTO), which decides issues of patentability. If an applicant for an invention cannot convince a patent examiner that they are… …   Wikipedia

  • Software patents under United States patent law — Software or computer programs are not explicitly mentioned in United States patent law. In the face of new technologies, decisions of the United States Supreme Court and United States Court of Appeals for the Federal Circuit (CAFC) have sought to …   Wikipedia

  • United States Patent Classification — The United States Patent Classification is an official patent classification system used and maintained by the United States Patent and Trademark Office (USPTO). Overview There are over 400 classes in the U.S. Patent Classification System, each… …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”