How often is the Manual of Patent Examining Procedure (MPEP) updated to reflect new court decisions?
The Manual of Patent Examining Procedure (MPEP) is updated periodically to incorporate new court decisions and changes in USPTO policy. While the MPEP 1721 does not specify an exact frequency, it states:
“Ultimately, the policy implications of the decision will be officially incorporated into the Manual of Patent Examining Procedure and Office of Patent Training curriculum materials during the next update cycle for these reference materials.”
This indicates that:
- Updates occur on a cyclical basis
- The timing depends on the USPTO’s update schedule for the MPEP
- Significant changes may be communicated to examiners via other means (e.g., memoranda) before being formally incorporated into the MPEP
It’s important to note that while the MPEP is updated periodically, examiners are informed of significant changes through other channels in the interim.
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