37 CFR 1.77 - Arrangement of application elements

Cite as37 CFR 1.77
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39 practice notes
  • Examination Guidelines for Implementing the First-Inventor-to-File Provisions of the Leahy-Smith America Invents Act
    • United States
    • Federal Register July 26, 2012
    • July 26, 2012
    ...of practice to provide that applicants can include a statement of any grace period inventor disclosures in the specification (in proposed 37 CFR 1.77(b)). If the specification contains a specific reference to a grace period inventor disclosure, the Office will consider it apparent from the ......
  • Examination Guidelines for Implementing the First Inventor To File Provisions of the Leahy-Smith America Invents Act
    • United States
    • Federal Register February 14, 2013
    • February 14, 2013
    ...action (RIN 0651-AC77) to provide that applicants can include a statement of any grace period inventor disclosures in the specification (37 CFR 1.77(b)(6)). An applicant is not required to use the format specified in 37 CFR 1.77 or identify any prior disclosures by the inventor or a joint i......
  • Patent Prosecution
    • United States
    • New practitioner’s guide to intellectual property Patents
    • May 16, 2012
    ...filed application for support. There are several different types of priority claims. 18. 37 C.F.R. §1.53(c)(2). 19. 35 U.S.C. §261. 20. 37 C.F.R. §1.77. 21. 35 U.S.C. §§119 and 82 Section 2, Part 2 A non-provisional application may claim priority to one or more provisional applications as l......
  • Patent Disclosure
    • United States
    • Iowa Law Review Nbr. 94-2, February 2009
    • February 1, 2009
    ...Trademark Office, U.S. Dep't of Commerce, Manual of Patent Examining Procedure § 2161 (8th ed., rev. 7 2008) [hereinafter MPEP]. [28] 37 C.F.R. § 1.77 (2008); MPEP, supra note 27, § [29] Harry Kursh, Inside the U.S. Patent Office 114 (1959). Significant criticism has been lobbed at the pate......
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23 cases
  • Cross v. Iizuka, No. 84-1111
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • January 28, 1985
    ...as subsequently filed in the PTO, typically have a style and format dissimilar to the arrangement of application elements suggested by 37 C.F.R. Sec. 1.77. In part this arises because of differences in filing requirements in foreign patent offices, and in part because of the awkwardness res......
  • Argus Neurooptics, LLC v. Matthews, No. 5:11-CV-84-D
    • United States
    • United States District Courts. 4th Circuit. Eastern District of North Carolina
    • August 24, 2011
    ...of Argus's Agreement is exceedingly broad and lacks the detail necessary for a deteimination of patentability. See 35 U.S.C. § 111(a); 37 C.F.R. § 1.77; Festo Corp., 535 U.S. at 736. Thus, even if this court had the authority to determine whether a specific item is patentable, aPage 5declar......
  • Intel Corp. v. Acqis LLC, IPR2021-01104
    • United States
    • United States Patent and Trademark Office. United States Patent and Trademark Office, Patent Trial and Appeal Board
    • January 5, 2022
    ...includes "the four corners of the application." Hollmer, 681 F.3d at 1358. A transmittal form is a part of the application. See 37 C.F.R. § 1.77(a) (1998) ("The elements of the application, if applicable, should appear in the following order: (1) Utility Application Transmittal Form . . . .......
  • Intel Corp. v. Acqis LLC, IPR2021-01105
    • United States
    • United States Patent and Trademark Office. United States Patent and Trademark Office, Patent Trial and Appeal Board
    • January 5, 2022
    ...includes "the four corners of the application." Hollmer, 681 F.3d at 1358. A transmittal form is a part of the application. See 37 C.F.R. § 1.77(a) (1998) ("The elements of the application, if applicable, should appear in the following order: (1) Utility Application Transmittal Form . . . .......
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7 firm's commentaries
  • Proposed Rules for Implementing the First-Inventor-to-File Provisions of the America Invents Act
    • United States
    • JD Supra United States
    • August 15, 2012
    ...application, a reasonable explanation for the presence of the non-inventor author should be included.The USPTO also proposes to amend 37 C.F.R. § 1.77 to provide for a section entitled “Statement regarding prior disclosures by the inventor or a joint inventor” in the specification of the ap......
  • Final Rules for Implementing the First-Inventor-to-File Provisions of the America Invents Act
    • United States
    • JD Supra United States
    • February 20, 2013
    ...made by the inventor or (2) the subject matter disclosed was obtained directly or indirectly from the inventor. The USPTO also amended 37 C.F.R. § 1.77 to provide for a section entitled “Statement regarding prior disclosures by the inventor or a joint inventor” in the specification of the a......
  • A Sneak Peek At The USPTO's Proposed First-To-File Rules
    • United States
    • Mondaq United States
    • August 1, 2012
    ...rules set forth specific requirements for the declarations which I will discuss in a separate article.) Additionally, proposed new 37 CFR § 1.77 will indicate that the specification may include a "[s]tatement regarding prior disclosures by the inventor or a joint Common Ownership/Joint......
  • A Sneak Peek at the USPTO’s Proposed First-to-File Rules
    • United States
    • JD Supra United States
    • July 25, 2012
    ...rules set forth specific requirements for the declarations which I will discuss in a separate article.) Additionally, proposed new 37 CFR § 1.77 will indicate that the specification may include a “[s]tatement regarding prior disclosures by the inventor or a joint Common Ownership/Joint Rese......
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3 books & journal articles
  • Patent Prosecution
    • United States
    • New practitioner’s guide to intellectual property Patents
    • May 16, 2012
    ...filed application for support. There are several different types of priority claims. 18. 37 C.F.R. §1.53(c)(2). 19. 35 U.S.C. §261. 20. 37 C.F.R. §1.77. 21. 35 U.S.C. §§119 and 82 Section 2, Part 2 A non-provisional application may claim priority to one or more provisional applications as l......
  • Patent Disclosure
    • United States
    • Iowa Law Review Nbr. 94-2, February 2009
    • February 1, 2009
    ...Trademark Office, U.S. Dep't of Commerce, Manual of Patent Examining Procedure § 2161 (8th ed., rev. 7 2008) [hereinafter MPEP]. [28] 37 C.F.R. § 1.77 (2008); MPEP, supra note 27, § [29] Harry Kursh, Inside the U.S. Patent Office 114 (1959). Significant criticism has been lobbed at the pate......
  • TOWARDS PATENT STANDARDIZATION.
    • United States
    • Harvard Journal of Law & Technology Nbr. 30, March 2017
    • January 1, 2017
    ...(Mar. 20, 2002), http://www.pcmag.com/article2/0,2817,80142,00.asp [https://perma.cc/Q2XE-FQPD]. (55.) 35 U.S.C. [section] 112. (56.) 37 C.F.R. 1.77(b). (57.) FED. TRADE COMM'N, supra note 2, at (58.) Id. at 92. (59.) Id. at 111. (60.) Our History, IUPAC, https://iupac.org/who-we-are/our-hi......

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