MPEP § 1305 — Jurisdiction (Annotated Rules)
§1305 Jurisdiction
This page consolidates and annotates all enforceable requirements under MPEP § 1305, 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.
Jurisdiction
This section addresses Jurisdiction. Primary authority: 35 U.S.C. 135, 35 U.S.C. 154, and 35 U.S.C. 156. Contains: 1 requirement, 2 permissions, and 1 other statement.
Key Rules
PTAB Jurisdiction
To regain jurisdiction over the application, the examiner must write a letter to the Director requesting it. See MPEP § 1308 and § 1308.02.
Once the patent has been granted, the U.S. Patent and Trademark Office can take no action concerning it, except as provided in 35 U.S.C. 135, 35 U.S.C. 154, 35 U.S.C. 156, 35 U.S.C. 251 through 256, 35 U.S.C. 302 through 307, 35 U.S.C. 311 through 319 and 35 U.S.C. 321 through 329.
Notice of Allowance Form and Content
Jurisdiction of the application remains with the primary examiner until the Notice of Allowance is mailed. However, the examiner may permit amendments under 37 CFR 1.312 which are confined to matters of form in the specification or claims, or to the cancellation of a claim or claims. The examiner’s action on other amendments under 37 CFR 1.312 consists of a recommendation to the Director.
Amendments After Allowance
Jurisdiction of the application remains with the primary examiner until the Notice of Allowance is mailed. However, the examiner may permit amendments under 37 CFR 1.312 which are confined to matters of form in the specification or claims, or to the cancellation of a claim or claims. The examiner’s action on other amendments under 37 CFR 1.312 consists of a recommendation to the Director.
Citations
| Primary topic | Citation |
|---|---|
| PTAB Jurisdiction | 35 U.S.C. § 135 |
| PTAB Jurisdiction | 35 U.S.C. § 154 |
| PTAB Jurisdiction | 35 U.S.C. § 156 |
| PTAB Jurisdiction | 35 U.S.C. § 251 |
| PTAB Jurisdiction | 35 U.S.C. § 302 |
| PTAB Jurisdiction | 35 U.S.C. § 311 |
| PTAB Jurisdiction | 35 U.S.C. § 321 |
| Amendments After Allowance Notice of Allowance Form and Content | 37 CFR § 1.312 |
| PTAB Jurisdiction | 37 CFR § 1308.02 |
| PTAB Jurisdiction | MPEP § 1308 |
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 § 1305 — Jurisdiction
Source: USPTO1305 Jurisdiction [R-07.2022]
Jurisdiction of the application remains with the primary examiner until the Notice of Allowance is mailed. However, the examiner may permit amendments under 37 CFR 1.312 which are confined to matters of form in the specification or claims, or to the cancellation of a claim or claims. The examiner’s action on other amendments under 37 CFR 1.312 consists of a recommendation to the Director.
To regain jurisdiction over the application, the examiner must write a letter to the Director requesting it. See MPEP § 1308 and § 1308.02.
Once the patent has been granted, the U.S. Patent and Trademark Office can take no action concerning it, except as provided in 35 U.S.C. 135, 35 U.S.C. 154, 35 U.S.C. 156, 35 U.S.C. 251 through 256, 35 U.S.C. 302 through 307, 35 U.S.C. 311 through 319 and 35 U.S.C. 321 through 329.