35 U.S.C. § 1 — Establishment (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 1 Establishment
This page consolidates MPEP guidance interpreting 35 U.S.C. § 1, including 288 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
The Establishment is establishing the requirements for identifying items in a document list pursuant to 37 CFR 1.290(d)(1) and requiring that third-party submission document lists include a heading identifying them as such under 37 CFR 1.290.
What this section covers
- Define what this section covers at a high level, including the identification of items in a document list and the requirement for third-party submission document lists.
- Identify the core topic and scope of guidance in this section, focusing on document list identification requirements for third-party submissions.
Key obligations
- State the primary requirement practitioners must satisfy, which is to identify items in a document list according to 37 CFR 1.290(e).
- State an additional required element or condition if applicable, such as including a heading identifying the list as a third-party submission under 37 CFR 1.290.
- State a key compliance obligation tied to authority (USC/CFR), which is the requirement for document list identification under 35 U.S.C. § 1.290.
- State a key compliance obligation tied to authority (USC/CFR), which is the requirement for document list identification under 35 U.S.C. § 1.290.
Practice notes
- Give a practical drafting or filing tip grounded in this section, such as ensuring the document list includes all required items and is clearly labeled.
- Call out a common pitfall or best practice relevant to this section, such as failing to include the required heading for third-party submission document lists.
Official MPEP § 1 — Establishment
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 1 Establishment.
- (a) ESTABLISHMENT.— The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office.
- (b) OFFICES.— The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business.
- (c) REFERENCE.— For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.
(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-572 (S. 1948 sec. 4711).)
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