« PreviousContinue »
§ 10.17 Application Division. The Application Division receives, records and acknowledges all applications for patents when they are filed. Upon receipt of an application, the papers are scrutinized to see if the application is complete in all its parts and complies with certain formal requirements. If the papers are not sufficiently complete to be accepted as an application for patent, the applicant is notified of the deficiencies and the papers are held for completion. If it is complete, the application (the papers being placed in a jacket or file) is given a serial number and filing date, indexed, and (after the drawing has been inspected by the Drafting Division) sent to the particular Examining Division having charge of the subject matter of the application.
§ 10.18 Drafting Division. The Drafting Division inspects the drawings accompanying applications for patents and for registration of trade-marks to insure compliance with the formal rules relating to drawings and minimum standards of execution. It also prepares new drawings from sketches or models when ordered by an applicant, and makes corrections in drawings on file.
the applications have been allowed by the examiner. It prepares the specifications for printing and supervises the printing which is done at the Government Printing Office. It also prepares the drawings for photolithographing and supervises this work. It takes care of the numbering, dating, indexing and recording of patents when granted, and prepares and mails the formal grants. The same work is done in the case of trademark registrations. The preparation for printing of the Official Gazette of the United States Patent Office, with its indexes, the annual volumes of Decisions of the Commissioner of Patents, and other publications, are also functions of this division.
§ 10.19 Issue and Gazette Division. This division has the duty of attending to the details of issuing the patents after
§ 10.20 Docket Division. The Docket Division has custody of patent and trademark dockets for the Commissioners, the files in interference cases except when they are in use by the examiners, and papers in cases appealed to the Court of Customs and Patent Appeals. Papers filed in such cases go to the Docket Clerk who enters them and is responsible for their custody and distribution. This division also handles correspondence relating to the revocation of powers of attorney or authorization of agents.
§ 10.21 Assignment Division. The Assignment Division receives and records all assignments transferring property rights in patents and trade-marks, and applications for the same. After the assignments are recorded, and the records compared, they are returned to the owners. The division also makes searches of the titles of patents and trade-marks and furnishes abstracts of titles. Digests and indexes are made of all assignments in order to facilitate title searches. These are available to the public.
§ 10.22 Manuscript Division. The Manuscript Division has charge of furnishing to the public copies of records of the Patent Office. It makes photostat and photographic copies of records, books, patents, etc., and also typewritten copies of manuscripts. It also prepares copies of patents and other papers to be certified under the signature of the Commissioner and the seal of the Patent Office.
§ 10.23 Publications Division. This division has charge of the storage and distribution and sale of the printed copies of patents and trade-mark registrations.
§ 10.24 Scientific Library. The Scientific Library contains over 35,000 volumes of scientific and technical books in various languages, about 40,000 bound volumes of periodicals devoted to science and technology, the official journals of foreign patent offices and over 6,000,000 copies of foreign patents in bound volumes. In many cases there are two sets of foreign patents, one set arranged in numerical order and one set classified according to the classification of the country of origin of the patents.
§ 10.25 Search Room. (a) The Search Room is maintained for the benefit of the public in searching and examining United States patents and their records. It contains a complete set of United States patents granted since 1836 arranged according to the Patent Office classification. By searching in these classified patents, it is possible to determine, before actually filing an application, whether an invention has been anticipated by a United States patent, and it is also possible to obtain the information contained in the patents relating to any field of endeavor. A file of registered trade-marks is also available in the Search Room for searching purposes.
(b) Attached to the Search Room is a Record Room in which the public may inspect the records and files of issued patents and registered trade-marks. The Record Room contains a set of United States patents arranged in numerical order, in bound volumes, and complete sets of the Official Gazette, the Patent Office Reports, the Annual Indexes, and copies of registered trademarks.
(c) The Scientific Library, Search Room and Record Room are in immediate charge of the Librarian and are under the supervision of the Chief Clerk. They are all open to the public.
§ 10.26 Register of patents available for license or sale. The Patent Office maintains a register on which patentees who are offering their patents for licensing or sale may have them listed.
§ 10.27 Publications of the Patent Office (a) Patents. The specifications (including the claims) and drawings of all patents are published on the day they are granted and copies are sold to the public by the Patent Office. The specifications are initially printed at the Government Printing Office and the drawings photolithographed by contractors.
When the supply is exhausted, reproductions are made by photolithography.
(b) Trade-marks. Copies of trademark registrations are also printed and sold by the Patent Office.
(c) Official Gazette of the United States Patent Office. (1) The Official Gazette of the United States Patent Office is the official journal relating to patents and trade-marks. It has been published weekly since January 1872, and is now issued each Tuesday, simultaneously with the weekly issue of the patents. It contains a selected figure of the drawings and one claim of each patent granted on that day, an illustration of each trademark published for opposition, a list of trade-marks registered, and other trademark information; decisions in patent and trade-mark cases rendered by the courts and the Patent Office; notices of patent and trade-mark suits; indexes of patents and patentees; disclaimers filed; lists of patents available for license or sale; and much general information such as orders, notices, changes in rules, changes in classification, etc.
(2) The Official Gazette is sold, by annual subscription and in single copies, by the Superintendent of Documents. The pages containing the decisions and other information, and those containing trademark material, are separately bound and may be purchased independently of the remainder of the Gazette.
(d) Annual index. The annual index to the Official Gazette contains alphabetical indexes of the names of patentees, the subject matter of the patents granted, the names of trade-mark registrants, the names of the goods to which the trade-marks are applied, and the disclaimers filed, during the calendar year. Copies are sold by the Superintendent of Documents. At present it is issued in two volumes, one for patents and one for trade-marks.
(e) Decisions of the Commissioner of Patents. This volume is issued annually, reprinting the decisions which have been published weekly in the Official Gazette. Copies are sold by the Superintendent of Documents.
(f) Manual of classification. The present manual of classification is a loose leaf booklet containing a list of all the classes and subclasses of inventions in the Patent Office classification of patents, a subject matter index, and other information relating to classification. Substitute pages are issued from time to
time. The manual and subscriptions for the substitute pages are sold by the Superintendent of Documents.
(g) Classification bulletins. The various changes and advances in classification made during each six months period are collected and published in a bulletin which gives all these changes as well as the definitions of new and revised classes and subclasses. These bulletins are sold by the Superintendent of Documents.
(h) Patent laws. This compilation of the patent laws in force is furnished free of charge by the Commissioner of Patents, revised editions being published from time to time.
(i) Rules of practice of the United States Patent Office. This publication contains the rules in force governing the procedure in the Patent Office which have been adopted by the Commissioner under the authority of the patent statutes and approved by the Secretary of Commerce, and which are also codified in Part 1 of this chapter. It also contains an appendix of forms. It is issued for free distribution by the Commissioner and revised editions are published from time to time.
(j) United States statutes concerning registration of trade-marks and the rules of the Patent Office relating thereto. This pamphlet is also distributed free of cost by the Commissioner of Patents. It contains the text of the trade-mark laws, the rules of the Patent Office governing the registration of trade-marks (which are also codified in Part 5 of this chapter), and forms.
(k) General information concerning patents. This pamphlet contains a large amount of general information concerning the granting of patents expressed in non-technical language for the layman. It is distributed free on request.
(1) General information about protection of trade-marks. This pamphlet serves the same purpose with reference to trade-marks as the preceding does with respect to patents.
(m) Other publications. The publications listed are those published regularly and currently, those no longer published and those only issued on occasion not being listed. Circulars of information on particular subjects are also issued to answer particular inquiries.
§ 10.28 Outline of procedure in obtaining patents. (a) The obtaining of
a patent is initiated by the filing of an application in the Patent Office. The application includes a complete description of the invention, claims defining the invention, a drawing in each case admitting of a drawing, an oath, and a filing fee, and must comply with various requirements. The application must be made by the inventor with the papers signed and the oath sworn to by him (unless he is dead or insane). The application is forwarded to the appropriate examining division where, when its turn is reached, it is examined. The application is studied and a search is made through all prior United States patents, and also through patents of foreign countries and publications to find out if the invention is new. A decision is reached, in the light of the study and the results of the search, as to the patentability of the invention or the claims presented and also as to various formal matters. The decision is communicated to the applicant. If adverse, the applicant may ask for reconsideration with or without amending. The application is then re-examined and reconsidered and the result again communicated to the applicant. Further reconsideration of the application may be given.
(b) If the final decision of the examiner is adverse to the granting of a patent, or any of the claims presented, the applicant may appeal to the Board of Appeals and is entitled to an oral hearing. From the decision of the Board of Appeals an appeal may be taken to the United States Court of Customs and Patent Appeals or a civil action may be brought against the Commissioner of Patents in the United States District Court for the District of Columbia. Matters of form and procedure may be reviewed on petition to the Commissioner.
(c) The various responses and actions which an applicant may take are governed by time limits fixed by or under the statute and rules and an application is abandoned by failure to reply or take appropriate action within the specified times. An abandoned application may be revived as a pending application by the Commissioner if the delay was unavoidable.
(d) If there are two or more applications for a patent for the same invention, an interference proceeding to determine who is the prior inventor and entitled to the patent is instituted by the examiner,
who also decides certain preliminary questions relating to the interference. An interference may also be declared between a pending application and an unexpired patent under certain conditions. The question of priority of invention is determined by a board of three interference examiners and their decision is reviewable by the courts, either by an appeal to the United States Court of Customs and Patent Appeals or by a civil action in a United States District Court.
(e) When it has been decided that a patent is to be granted, the applicant is sent a notice of allowance and if the final fee, due within six months, is paid, the patent is granted in due course. If the final fee is not paid, the patent is not granted, but the fee may be accepted late upon petition to the Commissioner accompanied by a petition fee and a verified statement provided the delay does not exceed one year.
(f) The prosecution of an application for patent must be conducted in writing and the personal attendance of applicants is not required and is unnecessary. Applicants may arrange for interviews with examiners at such times within office hours as the examiners may designate.
(g) An applicant for a patent may prosecute his own case, but he is entitled to be, and usually is, represented by an attorney or agent. No person may represent applicants before the Patent Office unless he is registered in the Patent Office as an attorney or agent, or authorized and recognized to prosecute a particular case. The registration of attorneys and agents is conducted by a committee on enrollment and disbarment.
(h) The Rules of Practice, setting forth the requirements and the procedure in detail are published separately and also codified in Part 1 of this chapter.
§ 10.29 Outline of procedure in registering trade-marks. (a) The procedure in trade-mark cases before the trademark examiner generally follows that in patent cases. An application for registration must be filed in accordance with the requirements of the statute and rules and the application is then examined to determine if the trade-mark can be registered under the law. Interferences are declared between conflicting applications to register substantially the same mark. When a trade-mark is found registrable, it is published in the Official
Gazette and any person who believes he would be damaged thereby may oppose the registration. Any person deeming himself injured by a registered trademark may apply to cancel the registration. Interference, opposition and cancellation proceedings are decided by an Examiner of Trade-Mark Interferences. Appeal may be taken to the Commissioner from the decision of the examiner refusing to register a trade-mark and from the decision of the Examiner of Trade-Mark Interferences. The decision of the Commissioner is subject to review by the courts either by appeal or by a civil action.
(b) Rules of Practice, setting forth the requirements and the procedure in detail are published separately and also codified in Part 5 of this chapter.
§ 10.30 Records and information. Applications for patent are not open to the public and information concerning them is not given except on authority of the applicant, or when necessary to the conduct of business as provided by the rules, or when required or made necessary by a statute. Selected decisions rendered by the Commissioner or the Board of Appeals in applications may be made public. Patents and trade-mark registrations and the records relating to the same including any decisions therein, the records of assignments, books, and other records and papers in the office are open to the public and may be inspected in the Patent Office or copies may be ordered. Printed copies of patents and trade-mark registrations are sold by the Patent Office, some publications are sold by the Superintendent of Documents, and other publications are distributed free on request by the Patent Office. When information is requested it is furnished either by answering the inquiry or by providing or calling attention to an appropriate publication. The office can not respond to inquiries concerning the novelty and patentability of an invention or the registrability of a trade-mark in advance of the filing of an application, nor to inquiries propounded with a view to ascertaining whether any alleged invention has been patented or trade-mark registered, and, if so, to whom. All letters and other communications for the Patent Office must be addressed to the Commissioner of Patents. A schedule of fees and prices in cases where they are required is set out in §§ 1.191 and 5.82 of this chapter.
CHAPTER II-COPYRIGHT OFFICE, LIBRARY OF CONGRESS
N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C., Sup., 1002, 1003).
NOTE: Other regulations issued by the Library of Congress appear in Title 44, Chapter III.
ABBREVIATIONS: The following abbreviations are used in this chapter:
Code of Federal Regulations
Statutes at Large
Supplement, United States Code
Supplement, Code of Federal Regulations U.S.C. United States Code
be addressed to, and fees made payable to, the Register of Copyrights.
$ 200.3 Publications of Copyright Office. The Copyright Office publishes the "Catalog of Copyright Entries", "Copyright Law of the United States of America", "Decisions of the United States Courts Involving Copyright" and occasionally other publications. These may be obtained from the Superintendent of Documents, Government Printing Office, Washington 25, D. C., for a small charge. In addition to these publications the Copyright Office also publishes and itself supplies without charge applications for copyright registration and numerous circulars furnishing information relating to copyright and how to obtain copyright registration.
PART 201-REGISTRATION OF
In addition to the application forms listed above the Copyright Office has issued the following forms which may be used, when applicable, instead of one of the above forms:
Class A. Application for registration of a claim to copyright in a book published in the United States of America.
Class A, Foreign. Application for registration of a claim to copyright in a book first