MPEP § 1400.01 — Introduction (Annotated Rules)
§1400.01 Introduction
This page consolidates and annotates all enforceable requirements under MPEP § 1400.01, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Introduction
This section addresses Introduction. Contains: 2 permissions and 3 other statements.
Key Rules
AIA Effective Dates
The first three ways are discussed in this chapter. The fourth way (reexamination) is discussed in MPEP Chapter 2200 for ex parte reexamination and MPEP Chapter 2600 for inter partes reexamination requests (as of September 16, 2012 no new requests may be filed). The fifth way (supplemental examination) is discussed in MPEP Chapter 2800. The sixth, seventh, and eighth ways (inter partes review, post grant review, and covered business method review) are discussed in the Office Patent Trial Practice Guide available at www.uspto.gov/patents/ptab/resources.
The first three ways are discussed in this chapter. The fourth way (reexamination) is discussed in MPEP Chapter 2200 for ex parte reexamination and MPEP Chapter 2600 for inter partes reexamination requests (as of September 16, 2012 no new requests may be filed). The fifth way (supplemental examination) is discussed in MPEP Chapter 2800. The sixth, seventh, and eighth ways (inter partes review, post grant review, and covered business method review) are discussed in the Office Patent Trial Practice Guide available at www.uspto.gov/patents/ptab/resources.
Reissue and Reexamination
A patent may be corrected or amended in eight ways, namely by:
- (1) reissue,
- (2) the issuance of a certificate of correction which becomes a part of the patent,
- (3) disclaimer,
- (4) reexamination,
- (5) supplemental examination,
- (6) inter partes review,
- (7) post grant review, and
- (8) covered business method review.
Key Changes Under AIA
The first three ways are discussed in this chapter. The fourth way (reexamination) is discussed in MPEP Chapter 2200 for ex parte reexamination and MPEP Chapter 2600 for inter partes reexamination requests (as of September 16, 2012 no new requests may be filed). The fifth way (supplemental examination) is discussed in MPEP Chapter 2800. The sixth, seventh, and eighth ways (inter partes review, post grant review, and covered business method review) are discussed in the Office Patent Trial Practice Guide available at www.uspto.gov/patents/ptab/resources.
Covered Business Method Review (CBM)
The first three ways are discussed in this chapter. The fourth way (reexamination) is discussed in MPEP Chapter 2200 for ex parte reexamination and MPEP Chapter 2600 for inter partes reexamination requests (as of September 16, 2012 no new requests may be filed). The fifth way (supplemental examination) is discussed in MPEP Chapter 2800. The sixth, seventh, and eighth ways (inter partes review, post grant review, and covered business method review) are discussed in the Office Patent Trial Practice Guide available at www.uspto.gov/patents/ptab/resources.
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 1400.01 — Introduction
Source: USPTO1400.01 Introduction [R-07.2022]
A patent may be corrected or amended in eight ways, namely by:
- (1) reissue,
- (2) the issuance of a certificate of correction which becomes a part of the patent,
- (3) disclaimer,
- (4) reexamination,
- (5) supplemental examination,
- (6) inter partes review,
- (7) post grant review, and
- (8) covered business method review.
The first three ways are discussed in this chapter. The fourth way (reexamination) is discussed in MPEP Chapter 2200 for ex parte reexamination and MPEP Chapter 2600 for inter partes reexamination requests (as of September 16, 2012 no new requests may be filed). The fifth way (supplemental examination) is discussed in MPEP Chapter 2800. The sixth, seventh, and eighth ways (inter partes review, post grant review, and covered business method review) are discussed in the Office Patent Trial Practice Guide available at www.uspto.gov/patents/ptab/resources.
No new petitions for covered business method reviews can be filed on or after September 16, 2020. Proceedings instituted on covered business method review petitions filed before September 16, 2020 will continue after September 16, 2020 until the proceeding is concluded by issuance of a certificate or otherwise terminated.