Notice2024-25693
Manual of Patent Examining Procedure, Ninth Edition, Revision January 2024
Primary source
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Published
November 8, 2024
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 November 2024 (January 2024 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 appropriate cases in the normal examination of patent applications and during other Office proceedings.
Full Text
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<title>Federal Register, Volume 89 Issue 217 (Friday, November 8, 2024)</title>
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[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88737-88738]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25693]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2024-0052]
Manual of Patent Examining Procedure, Ninth Edition, Revision
January 2024
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 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 November 2024 (January 2024 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 appropriate cases in the normal
examination of patent applications and during other Office proceedings.
ADDRESSES: The USPTO prefers that any suggestions for improving the
form and content of the MPEP be submitted via email to
<a href="/cdn-cgi/l/email-protection#dfb2afbaafb9bababbbdbebcb49faaacafabb0f1b8b0a9"><span class="__cf_email__" data-cfemail="ee839e8b9e888b8b8a8c8f8d85ae9b9d9e9a81c0898198">[email protected]</span></a> or via the IdeaScale[supreg] tool accessed from
<a href="http://www.uspto.gov/MPEP">www.uspto.gov/MPEP</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, by
email at <a href="/cdn-cgi/l/email-protection#f9b39c9897979cd7ba95988b92b98c8a898d96d79e968f"><span class="__cf_email__" data-cfemail="1d57787c737378335e717c6f765d686e6d6972337a726b">[email protected]</span></a>, or telephone at 571-272-7714; Monique
Cole, Senior Patent Examination Policy Advisor, by email at
<a href="/cdn-cgi/l/email-protection#c28fadacabb3b7a7ec81adaea782b7b1b2b6adeca5adb4"><span class="__cf_email__" data-cfemail="b6fbd9d8dfc7c3d398f5d9dad3f6c3c5c6c2d998d1d9c0">[email protected]</span></a>, or telephone at 571-272-1463; or Kathy Mosser,
Senior Patent Examination Policy Advisor, by email at
<a href="/cdn-cgi/l/email-protection#1952786d71757c7c773754766a6a7c6b596c6a696d76377e766f"><span class="__cf_email__" data-cfemail="1a517b6e72767f7f7434577569697f685a6f696a6e75347d756c">[email protected]</span></a>, or telephone at 571-272-4435.
SUPPLEMENTARY INFORMATION: The USPTO issued a revision to the Ninth
Edition of the MPEP (January 2024 revision), published in November
2024, 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 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. 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, 43 USPQ2d 1666, 1669 (Fed.
Cir. 1997).
In the November 2024 publication of the January 2024 revision to
the MPEP, sections of chapters 200-700, 900-1600, 1800, and 2100-2900
have been updated. The updated sections have a revision indicator of
[R-01.2024], meaning these sections have been updated to include
changes based on published guidance documents (e.g.,
[[Page 88738]]
rulemaking, notices, guidelines, and memorandums) that were in effect
on or before January 31, 2024. In addition, Chapter FPC (Form Paragraph
Book), the Title Page, Foreword, Introduction, Subject Matter Index,
Appendix II, Appendix L, and Appendix R have been updated. The changes
in the November 2024 publication are discussed in the Change Summary
for the Ninth Edition, Revision 01.2024. The Change Summary is
available at <a href="http://www.uspto.gov/MPEP">www.uspto.gov/MPEP</a>. Citation to a revised section in this
revision of the MPEP should be to ``e9 r01.2024,'' e.g., MPEP 2163 (e9
r01.2024).
The November 2024 publication of the January 2024 revision of the
MPEP may be viewed or downloaded free of charge from the USPTO website
at <a href="http://www.uspto.gov/MPEP">www.uspto.gov/MPEP</a> and is available to search online at
<a href="http://mpep.uspto.gov">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="http://www.uspto.gov/web/offices/pac/mpep/old/index.htm">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. 2024-25693 Filed 11-7-24; 8:45 am]
BILLING CODE 3510-16-P
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