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This is the 10.2019 version.


Primary MPEP Chapter Resource(s)

Guidebook 500 » Receipt and Handling of Mail and Papers 
MPEP 500 » Download MPEP Chapter 500

Guidebook 600 » Parts, Form and Content of Application 
MPEP 600 » Download MPEP Chapter 600

Guidebook 1300 » Allowance and Issue
MPEP 1300 » Download MPEP Chapter 1300


Primary MPEP Section Summaries

The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Express Mail), by facsimile, or via EFS-Web with the date of their receipt in the Office. The stamp is referred to as the "Office Date" stamp.

The payment of fees is covered in this section. Included is a discussion on the itemization and application of fees and payment by credit card.

This section covers the returnability of fees. This includes the manner of making a refund, the time period for requesting a refund, fees paid by deposit accounts, later establishment of small entity status, and refund of the search fee and excess claims fee.

This section outlines in detail the rules of dependent claims including multiple dependent claims. It gives examples of acceptable multiple dependent claims and examples of unacceptable multiple dependent claims. There is also a brief discussion of restriction practice, how multiple dependent claims are handled at the PTO (by both the Technology Center Staff and Examiners).

In addition, this section includes examples of claims that will be objected to and the current practice where each embodiment of each claim must be treated on an individual basis. Also included is a section on calculating fees for multiple dependent claims as well as an example.

The treatment of improper dependent claims is discussed including infringement tests, claim form and arrangement, and rejection and objection.

In a sense, paying the issue fee is the final hurdle for an applicant. After receiving the coveted Notice of Allowance, the applicant must pay the fee required for the application to issue. Once this fee is paid, the applicant will receive letters stating he or she has been granted a bona fide patent.

This section provides further details for the issue fee including the failure to pay the issue fee including examples when the issue fee will be late and when it will not be late. In addition, any amendment filed pursuant to 37 C.F.R. 1.312 must be filed before or with the payment of the issue fee.

The patent owner, or any member of the public, may submit prior art patents or printed publications and/or written statements and additional information to the Office.

“Any person” includes patentees, licensees, reexamination requesters, real parties in interest to the patent owner or requester, persons without a real interest, and persons acting for real parties in interest without a need to identify the real party of interest.

If a person citing prior art or written statements desires his or her identity to be kept confidential, such a person need not identify himself or herself.

Anyone, including corporations and government entities, may file a request for ex parte reexamination of a patent.

Maintenance fees must be paid on all utility applications filed after December 12, 1980. Maintenance fees are not required on design or plant patents. The fees are due 3, 7 and 11 years after the patent is issued. The date used for calculating the due dates of the fees varies depending on specific circumstances, however, it is usually the U.S. filing date for the application.

In regards to paying the fees, there is a 6 month time period within which they should be paid. If the fees are not paid after that window of time there is a 6 month grace period where the fee plus a surcharge may be paid to keep the patent from expiring. If nothing is paid by this time, the patent will expire and will be considered abandoned.