[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13437-13438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04345]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No.: PTO-P-2023-0003]


Manual of Patent Examining Procedure, Ninth Edition, Revision of 
July 2022

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

ACTION: Notice.

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SUMMARY: To provide updates to patent examination policy and procedures 
in a single source, which will improve access to essential guidance for 
all

[[Page 13438]]

stakeholders and help to ensure issuance of robust and reliable patents 
that promote and protect innovation, 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 February 2023 (July 2022 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 in 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: Jeanne Clark, Editor of the MPEP, at 
[email protected] or 571-272-7714; Monique Cole Gary, Patent 
Examination Policy Advisor, at [email protected] or 571-272-1463; 
or Kathy Mosser, Patent Examination Policy Advisor, at 
[email protected] or 571-272-3435.

SUPPLEMENTARY INFORMATION: The USPTO issued a revision to the Ninth 
Edition of the MPEP, published in February 2023, 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 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 February 2023 publication of the MPEP revision, sections of 
chapters 100, 200, 400-1500, 1700, 1800, 2000-2200, 2400, 2500, and 
2700-2900 have been updated. The updated sections have a revision 
indicator of [R-07.2022], meaning these sections have been updated to 
reflect USPTO patent practice and relevant case law as of July 31, 
2022. 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 
February 2023 publication are discussed in the Change Summary for the 
Ninth Edition, Revision 07.2022. The Change Summary is available in 
three renditions at https://www.uspto.gov/MPEP. Citation to a section 
in the current revision of the MPEP should be to ``e9 r07.2022,'' e.g., 
MPEP 2163 (e9 r07.2022).
    The February 2023 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/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.

Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2023-04345 Filed 3-2-23; 8:45 am]
BILLING CODE 3510-16-P