35 U.S.C. § 132 — Notice of rejection; reexamination

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 145 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the Patent Office rejects a claim or raises an objection, the Director must tell the applicant why. The applicant may then keep pursuing the patent, with or without changes, but can't add new material. The Director must also let applicants request continued examination, with lower fees for small entities.

(a) Rejection and reexamination. If the Director rejects a patent claim, or makes any objection or requirement during examination, the Director must notify the applicant. The Director must explain the reasons for the rejection, objection, or requirement, and share any useful information or references that help the applicant judge whether to keep pursuing the application. If, after getting this notice, the applicant still wants the patent — with or without changing the application — the Director must reexamine the application. No amendment is allowed to add new matter to the invention's disclosure. (b) Continued examination. The Director must make regulations letting applicants request continued examination of their patent applications. The Director may set fees for this continued examination, and must give small entities that qualify for reduced fees under section 41(h)(1) a 50 percent discount on those fees.

the actual law source: uscode.house.gov ↗public domain

(a)

Whenever, on examination, any claim for a patent is rejected, or any objection or requirement made, the Director shall notify the applicant thereof, stating the reasons for such rejection, or objection or requirement, together with such information and references as may be useful in judging of the propriety of continuing the prosecution of his application; and if after receiving such notice, the applicant persists in his claim for a patent, with or without amendment, the application shall be reexamined. No amendment shall introduce new matter into the disclosure of the invention.

(b)

The Director shall prescribe regulations to provide for the continued examination of applications for patent at the request of the applicant. The Director may establish appropriate fees for such continued examination and shall provide a 50 percent reduction in such fees for small entities that qualify for reduced fees under section 41(h)(1).

Source credit: (July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4403, 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–560, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)

history & why it existsrecord from the source credit

1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 801
1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
2002Amended · Pub. L. 107-273 · 116 Stat. 1906
2011Amended · Pub. L. 112-29 · 125 Stat. 335

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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