[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Page 41571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14931]



[[Page 41571]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No.: PTO-P-2020-0030]


Manual of Patent Examining Procedure, Ninth Edition, Revision of 
June 2020

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: 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 June 2020, to provide updated 
information on patent examination policy and procedure (June 2020 
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 on 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 
[email protected] or via the IdeaScale[supreg] 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.

FOR FURTHER INFORMATION CONTACT: Robert A. Clarke, Editor of the MPEP, 
by email at [email protected], or by telephone at 571-272-7735; 
or James Lisehora, Patent Examination Policy Advisor, by email at 
[email protected], or by telephone at 571-272-8180.

SUPPLEMENTARY INFORMATION: The USPTO issued a revision to the ninth 
edition of the MPEP, published in June 2020, 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 on 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 June 2020 publication of the MPEP revision, sections of 
chapters 100-1000, 1200-1500, and 1700-2800 have been updated. The 
updated sections have a revision indicator of [R-10.2019], meaning 
these sections have been updated to reflect USPTO patent practice and 
relevant case law as of October 31, 2019. 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 June 2020 publication are discussed in 
the Change Summary for the Ninth Edition, Revision 10.2019. The Change 
Summary is available in three renditions at https://www.uspto.gov/web/offices/pac/mpep/index.html. Citation to a section in the current 
revision of the MPEP should be to ``e9 r10.2019,'' e.g., MPEP 2163 (e9 
r10.2019).
    The June 2020 publication of the 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 online at https://mpep.uspto.gov. Archived copies of each of 
the prior revisions and editions of the MPEP continue to be available 
for reference on the USPTO website at https://www.uspto.gov/web/offices/pac/mpep/old/index.htm.

    Dated: July 2, 2020.
Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2020-14931 Filed 7-9-20; 8:45 am]
BILLING CODE 3510-16-P