[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Notices]
[Page 4473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01866]


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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.

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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 
[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. The USPTO prefers that any 
comments or suggestions specifically directed to subject matter 
eligibility be directed to: [email protected].

FOR FURTHER INFORMATION CONTACT: Robert A. Clarke, Editor of the MPEP 
by telephone (571-272-7735) or by email ([email protected]) or 
Linda Therkorn, Patent Examination Policy Advisor by telephone (571-
272-7837) or by email ([email protected]).

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 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.

    Dated: 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.
[FR Doc. 2018-01866 Filed 1-30-18; 8:45 am]
 BILLING CODE 3510-16-P