Manual of Patent Examining Procedure
Encyclopedia
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 application
s, 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.
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
.
United States Patent and Trademark Office
The United States Patent and Trademark Office 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 property identification.The USPTO is based in Alexandria, Virginia,...
(USPTO) for use by patent attorneys and agents
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...
and patent examiners. It describes all of the laws and regulations that must be followed in the examination
Patent prosecution
Patent prosecution describes the interaction between applicants and their representatives, and a patent office with regard to a patent, or an application for a patent...
of U.S. patent application
Patent application
A patent application is a request pending at a patent office for the grant of a patent for the invention described and claimed by that application. An application consists of a description of the invention , together with official forms and correspondence relating to the application...
s, 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
Code of Federal Regulations
The Code of Federal Regulations is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the Federal Government of the United States.The CFR is published by the Office of the Federal Register, an agency...
, which derives its authority from Title 35 (Patents) of the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
.
The MPEP is used extensively by patent attorneys and agents to help make sure they follow the proper USPTO regulations. The USPTO registration examination
USPTO registration examination
In order to be registered as a patent agent or patent attorney in the United States, one must pass the United States Patent and Trademark Office registration examination, officially called the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark...
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
USPTO registration examination
In order to be registered as a patent agent or patent attorney in the United States, one must pass the United States Patent and Trademark Office registration examination, officially called the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark...
, or the patent bar examination. As of April 12, 2011 the patent bar examination tests the 8th Edition, Revision 8.
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
Patentability
Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent...
.
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
- United States Patents QuarterlyUnited States Patents QuarterlyThe United States Patents Quarterly is a United States legal reporter published by the Bureau of National Affairs in Washington, D.C. The USPQ covers intellectual property cases including patents, copyrights, trademarks, and trade secrets, from 1913 to the present.The USPQ reports case law from...
(USPQ) - Compendium II: Copyright Office PracticesCompendium II: Copyright Office PracticesCompendium II: Copyright Office Practices is a manual produced by the United States Copyright Office. It is intended to be used primarily by the Copyright Office staff, as a general guide to the Copyright Office policies and procedures....
- Trademark Manual of Examining ProcedureTrademark Manual of Examining ProcedureThe Trademark Manual of Examining Procedure is a manual published by the United States Patent and Trademark Office for use by trademark attorneys and trademark examiners. It describes all of the laws and regulations that must be followed in order to apply for and maintain a trademark in the...
(TMEP) - Manual of Patent Office PracticeManual of Patent Office PracticeThe Manual of Patent Office Practice is a manual for patent agents and patent examiners, published by the Canadian Intellectual Property Office...
(MOPOP) (Canadian patent law) - Guidelines for Examination in the European Patent OfficeGuidelines for Examination in the European Patent OfficeThe Guidelines for Examination in the European Patent Office are general instructions, for the examiners working at the European Patent Office as well as for the parties interacting with the EPO, on the practice and procedure at the EPO in the various aspects of the prosecution of European...
- United States Patent ClassificationUnited States Patent ClassificationThe United States Patent Classification is an official patent classification system used and maintained by the United States Patent and Trademark Office .- Overview :...