| Examination Instructions and Guidelines |
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(230) DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2017-0051]
Manual of Patent Examining Procedure, Ninth Edition, Revision of
January 2018
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
SUMMARY: The United States Patent and Trademark Office ("USPTO") issued
a revision of the ninth edition of the Manual of Patent Examining Procedure
("MPEP") in January 2018 to provide updated information on patent
examination policy and procedure ("January 2018 revision"). The MPEP is
published to provide patent examiners and 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 which the examiners are required or
authorized to follow in appropriate cases in the normal examination of a
patent application.
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. The USPTO
prefers that any comments or suggestions specifically directed to subject
matter eligibility be directed to: 2014_interim_guidance@uspto.gov.
FOR FURTHER INFORMATION CONTACT: Robert A. Clarke, Editor of the MPEP by
telephone (571-272-7735) or by email (Robert.Clarke@uspto.gov) or Linda
Therkorn, Patent Examination Policy Advisor by telephone (571-272-7837) or
by email (Linda.Therkorn@uspto.gov).
SUPPLEMENTARY INFORMATION: The USPTO issued a revision to the ninth edition
of the MPEP in January 2018, 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 which the examiners are required or authorized to follow in
appropriate cases in the normal examination of a patent application.
Although the MPEP does not have the force of law or the force of the rules
in Title 37 of the Code of Federal Regulations, it "is well known to those
registered to practice in the PTO and reflects the presumptions under which
the PTO operates." Critikon, Inc. v. Becton Dickinson Vascular Access,
Inc., 120 F.3d 1253, 1257 (Fed. Cir. 1997).
In the January 2018 revision, sections of chapters 200, 700-1000, 1200,
1400, 1500, 1800, 2000-2300, 2500, and 2700 have been updated. The updated
sections have a revision indicator of [R-08.2017], meaning these sections
have been updated to reflect USPTO patent practice and relevant case law as
of August 31, 2017. In addition, Chapter FPC (the Form Paragraph Book), the
Table of Contents, Foreword, Introduction, Subject Matter Index, and all
Appendices except Appendix I and Appendix P have been updated. The changes
in the January 2018 revision are discussed in the Change Summary for the
Ninth Edition, Revision 08.2017. The policies stated in the January 2018
revision supersede any policies stated in prior editions, including
revisions, of the MPEP to the extent that there is any conflict.
The January 2018 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
 Top of Notices (230) December 31, 2019 |
US PATENT AND TRADEMARK OFFICE |
1469 CNOG 849 |
online at http://mpep.uspto.gov. Archived copies of each of the prior
revisions and editions of the MPEP continue to be available for reference.
Links to the archived copies are available on the USPTO website at
https://www.uspto.gov/web/offices/pac/mpep/old/index.htm.
January 25, 2018. JOSEPH MATAL
Associate Solicitor, performing the functions and duties of the
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1447 OG 225]