Notice2023-04345
Manual of Patent Examining Procedure, Ninth Edition, Revision of July 2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 3, 2023
Issuing agencies
Commerce DepartmentPatent and Trademark Office
Abstract
To provide updates to patent examination policy and procedures in a single source, which will improve access to essential guidance for all stakeholders and help to ensure issuance of robust and reliable patents that promote and protect innovation, 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 February 2023 (July 2022 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 in 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.
Full Text
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<title>Federal Register, Volume 88 Issue 42 (Friday, March 3, 2023)</title>
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[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13437-13438]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04345]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2023-0003]
Manual of Patent Examining Procedure, Ninth Edition, Revision of
July 2022
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice.
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SUMMARY: To provide updates to patent examination policy and procedures
in a single source, which will improve access to essential guidance for
all
[[Page 13438]]
stakeholders and help to ensure issuance of robust and reliable patents
that promote and protect innovation, 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 February 2023 (July 2022 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 in 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
<a href="/cdn-cgi/l/email-protection#402d302530262525242221232b00353330342f6e272f36"><span class="__cf_email__" data-cfemail="a4c9d4c1d4c2c1c1c0c6c5c7cfe4d1d7d4d0cb8ac3cbd2">[email protected]</span></a> or via the IdeaScale[supreg] tool available at
<a href="https://uspto-mpep.ideascale.com/a/index">https://uspto-mpep.ideascale.com/a/index</a>. 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: Jeanne Clark, Editor of the MPEP, at
<a href="/cdn-cgi/l/email-protection#0a406f6b64646f2449666b78614a7f797a7e65246d657c"><span class="__cf_email__" data-cfemail="f3b996929d9d96ddb09f928198b3868083879cdd949c85">[email protected]</span></a> or 571-272-7714; Monique Cole Gary, Patent
Examination Policy Advisor, at <a href="/cdn-cgi/l/email-protection#7e331110170f0b1b503d11121b3e0b0d0e0a1150191108"><span class="__cf_email__" data-cfemail="733e1c1d1a0206165d301c1f1633060003071c5d141c05">[email protected]</span></a> or 571-272-1463;
or Kathy Mosser, Patent Examination Policy Advisor, at
<a href="/cdn-cgi/l/email-protection#dd96bca9b5b1b8b8b3f390b2aeaeb8af9da8aeada9b2f3bab2ab"><span class="__cf_email__" data-cfemail="b8f3d9ccd0d4ddddd696f5d7cbcbddcaf8cdcbc8ccd796dfd7ce">[email protected]</span></a> or 571-272-3435.
SUPPLEMENTARY INFORMATION: The USPTO issued a revision to the Ninth
Edition of the MPEP, published in February 2023, 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 in 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 February 2023 publication of the MPEP revision, sections of
chapters 100, 200, 400-1500, 1700, 1800, 2000-2200, 2400, 2500, and
2700-2900 have been updated. The updated sections have a revision
indicator of [R-07.2022], meaning these sections have been updated to
reflect USPTO patent practice and relevant case law as of July 31,
2022. 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
February 2023 publication are discussed in the Change Summary for the
Ninth Edition, Revision 07.2022. The Change Summary is available in
three renditions at <a href="https://www.uspto.gov/MPEP">https://www.uspto.gov/MPEP</a>. Citation to a section
in the current revision of the MPEP should be to ``e9 r07.2022,'' e.g.,
MPEP 2163 (e9 r07.2022).
The February 2023 publication of the revision of the Ninth Edition
of the MPEP may be viewed or downloaded free of charge from the USPTO
website at <a href="https://www.uspto.gov/MPEP">https://www.uspto.gov/MPEP</a> and is available to search online
at <a href="https://mpep.uspto.gov">https://mpep.uspto.gov</a>. Archived copies of each of the prior
revisions and editions of the MPEP continue to be available for
reference on the USPTO website at <a href="https://www.uspto.gov/web/offices/pac/mpep/old/index.htm">https://www.uspto.gov/web/offices/pac/mpep/old/index.htm</a>.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2023-04345 Filed 3-2-23; 8:45 am]
BILLING CODE 3510-16-P
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