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Manual of Patent Examining Procedure, Ninth Edition, Revision of June 2020

The United States Patent and Trademark Office (USPTO or Office) issued a revision of the ninth edition of the Manual of Patent Examining Procedure (MPEP), published in June 2020...

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Department of Commerce

Patent and Trademark Office

[Docket No.: PTO-P-2020-0030]

AGENCY:

United States Patent and Trademark Office, Department of Commerce.

ACTION:

Notice.

SUMMARY:

The United States Patent and Trademark Office (USPTO or Office) issued a revision of the ninth edition of the Manual of Patent Examining Procedure (MPEP), published in June 2020, to provide updated information on patent examination policy and procedure (June 2020 revision). The MPEP provides patent examiners and the public with a reference work on the practices and procedures relative to the prosecution of patent applications and other proceedings before the USPTO. The MPEP contains instructions to examiners, as well as other material on the nature of information and interpretation, and outlines the current procedures that examiners are required or authorized to follow in the normal examination of patent applications and during other Office proceedings.

ADDRESSES:

The USPTO prefers that suggestions for improving the form and content of the MPEP be submitted via email to mpepfeedback@uspto.gov or via the IdeaScale® tool available at https://uspto-mpep.ideascale.com/a/index. Written comments may also be submitted by mail addressed to: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Editor, Manual of Patent Examining Procedure.

FOR FURTHER INFORMATION CONTACT:

Robert A. Clarke, Editor of the MPEP, by email at Robert.Clarke@uspto.gov, or by telephone at 571-272-7735; or James Lisehora, Patent Examination Policy Advisor, by email at James.Lisehora@uspto.gov, or by telephone at 571-272-8180.

SUPPLEMENTARY INFORMATION:

The USPTO issued a revision to the ninth edition of the MPEP, published in June 2020, which provides USPTO patent examiners, applicants, attorneys, agents, representatives of applicants, and other members of the public with a reference work on the practices and procedures relative to the prosecution of patent applications before the USPTO. The MPEP contains instructions to examiners, as well as other material on the nature of information and interpretation, and outlines the current procedures that examiners are required or authorized to follow in the normal examination of patent applications and during other Office proceedings. Although the MPEP does not have the force of law or the force of the rules in 37 CFR, it “is well known to those registered to practice in the [US]PTO and reflects the presumptions under which the [US]PTO operates.” Critikon, Inc. v. Becton Dickinson Vascular Access, Inc., 120 F.3d 1253, 1257 (Fed. Cir. 1997).

In the June 2020 publication of the MPEP revision, sections of chapters 100-1000, 1200-1500, and 1700-2800 have been updated. The updated sections have a revision indicator of [R-10.2019], meaning these sections have been updated to reflect USPTO patent practice and relevant case law as of October 31, 2019. In addition, Chapter FPC—Form Paragraphs Consolidated, the Foreword, Introduction, Subject Matter Index, and all appendices except Appendix I and Appendix P have been updated. The changes in the June 2020 publication are discussed in the Change Summary for the Ninth Edition, Revision 10.2019. The Change Summary is available in three renditions at https://www.uspto.gov/web/offices/pac/mpep/index.html. Citation to a section in the current revision of the MPEP should be to “e9 r10.2019,” e.g., MPEP 2163 (e9 r10.2019).

The June 2020 publication of the revision of the ninth edition of the MPEP may be viewed or downloaded free of charge from the USPTO website at https://www.uspto.gov/web/offices/pac/mpep/ and is available to search online at https://mpep.uspto.gov. Archived copies of each of the prior revisions and editions of the MPEP continue to be available for reference on the USPTO website at https://www.uspto.gov/web/offices/pac/mpep/old/index.htm.

Dated: July 2, 2020.

Andrei Iancu,

Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.

[FR Doc. 2020-14931 Filed 7-9-20; 8:45 am]

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“Manual of Patent Examining Procedure, Ninth Edition, Revision of June 2020,” thefederalregister.org (July 10, 2020), https://thefederalregister.org/documents/2020-14931/manual-of-patent-examining-procedure-ninth-edition-revision-of-june-2020.