When did the current version of 37 CFR 1.56 become applicable?

The applicability of the current version of 37 CFR 1.56, particularly paragraph (c)(3), depends on the filing date of the patent application. According to the MPEP:

“[Editor Note: Para. (c)(3) below is applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012.]”

This means that for patent applications filed on or after September 16, 2012, under 35 U.S.C. 111(a) (regular nonprovisional applications) or 35 U.S.C. 363 (national stage applications), the current version of 37 CFR 1.56, including paragraph (c)(3), applies. For applications filed before this date, the pre-AIA version of 37 CFR 1.56 may be applicable.

To learn more:

• 37 CFR 1.56
• AIA
• patent application
• filing date
• USPTO regulations