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37 CFR patent bar study
Commonly cited CFR sections and their descriptions (patent bar study)
46
Law
Professional
01/22/2016

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Term
37 CFR 1.78
Definition
Claiming benefit of earlier filing date and cross references to other applications (United States)
Term
37 CFR 1.55
Definition
Claim for foreign priority
Term
37 CFR 1.16
Definition
national application filing, search, and examination fees
Term
37 CFR 1.56
Definition
Duty to disclose information material to patentability
Term
37 CFR 1.57
Definition
Incorporation by reference
Term
37 CFR 1.63
Definition
Inventors oath or declaration
Term
37 CFR 1.64
Definition
Substitute statement in lieu of an oath or declaration
Term
37 CFR 1.97
Definition
Filing of information disclosure statement
Term
37 CFR 1.98
Definition
content of information disclosure statement
Term
37 CFR 1.102
Definition
Advancement of an application (make special)
Term
37 CFR 1.130
Definition
affidavit or declaration of attribution or public disclosure(disclosure cited derived from statement by inventor or was made by inventor, respectively)
Term
37 CFR 1.131
Definition
Affidavit or declaration of prior invention or to disqualify commonly owned patent or published application as prior art
Term
37 CFR 1.132
Definition
Affidavits or declarations traversing rejections or objections (submit evidence to traverse rejection on basis not provided for)
Term
37 CFR 1.134
Definition
Time period for response to office action statutorily 6 months
Term
37 CFR 1.136
Definition
Extensions of time (for shortened statutory time periods)
Term
37 CFR 1.142
Definition
requirement for restriction (two or more independent and distinct inventions are claimed)
Term
37 CFR 1.183
Definition
Suspension of rules
Term
37 CFR 1.191
Definition
Appeals to patent trial and appeal board conducted according to 37 CFR 41
Term
37 CFR 1.211
Definition
Publication of pending nonprovisional applications after 18 months
Term
37 CFR 1.311
Definition
Notice of allowance (invitation to pay issue fee for patent application found to be allowable)
Term
37 CFR 1.316
Definition
Application abandoned for failing to pay issue fee within 3 months from date of notice of allowance
Term
37 CFR 1.321
Definition
Statutory disclaimers including terminal disclaimers (patentee may dedicate portion of patent term to public)
Term
37 CFR 1.362
Definition
maintenance fees, time for payment of maintenance fees, due at 3 years 6 months, 7 years 6 months, 11 years 6 months, 6 month grace period with fee.
Term
37 CFR 1.412
Definition
The United States Recieving Office (US/RO), receiving office only for applicants who are residents or national of the United States of America.
Term
37 CFR 1.421
Definition
Applicant for international application, at least one applicant must be US resident to file in US receiving office
Term
37 CFR 1.431
Definition
International application requirements (contents of application etc)
Term
37 CFR 1.455
Definition
International application filing fees
Term
37 CFR 1.451
Definition
Priority claim in international application
Term
37 CFR 1.133
Definition
Interviews with Examiner (not before first office action)
Term
37 CFR 1.312
Definition
Amendments after allowance (amendment not matter of right after notice of allowance)
Term
37 CFR 1.111
Definition
Must reply to office action with request for reconsideration with or without amendment to avoid abandonment
Term
37 CFR 1.197
Definition
Termination of proceedings of appeal because of dismissal or failure to timely submit appeal brief
Term
37 CFR 1.213
Definition
Nonpublication request
Term
37 CFR 1.137
Definition
revival of abandoned application on the basis of unintentional delay.
Term
37 CFR 1.6
Definition
Receipt of correspondence
Term
37 CFR 1.8
Definition
Certificate of mailing or transmission
Term
37 CFR 1.495
Definition
Entering the national state in the United States of America
Term
37 CFR 1.104
Definition
Nature of examination (examiner will investigate/search for prior art/knowledge/use of invention)
Term
37 CFR 1.114
Definition
If prosecution is closed, applicant can submit request for continued examination
Term
37 CFR 1.143
Definition
Reconsideration of restriction requirement, applicant can request examiner to reconsider, withdraw, or modify restriction requirement
Term
37 CFR 1.324
Definition
Correction of inventorship in issued patent (pending is under 1.48)
Term
37 CFR 1.75
Definition
Claims, applicant must specifically claim that which they regard as their invention (rules about claims, dependencies etc)
Term
37 CFR 1.181
Definition
Petition to director, may petition for actions not subject to appeal
Term
37 CFR 1.28
Definition
Refunds when small entity status is later established
Term
37 CFR 1.116
Definition
Amendments, affidavits, or other evidence after final action, may be made if canceling claims or complying with matter of form expressly set forth in previous office action (b)(1)
Term
37 CFR 1.48
Definition
correction of inventorship in pending (issued is under 1.324) patent application
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