MPEP § 714.25 — Discourtesy of Applicant or Attorney (Annotated Rules)
§714.25 Discourtesy of Applicant or Attorney
This page consolidates and annotates all enforceable requirements under MPEP § 714.25, 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.
Discourtesy of Applicant or Attorney
This section addresses Discourtesy of Applicant or Attorney. Primary authority: 37 CFR 1.3. Contains: 1 guidance statement, 1 permission, and 1 other statement.
Key Rules
Access to Prosecution History
If the attorney or agent is discourteous in the remarks or arguments in their amendment or other paper submitted for entry in an application file, either the discourtesy should be entirely ignored or the paper should be submitted to the Deputy Commissioner for Patents who oversees the Office of Petitions for review. See MPEP § 1002.02(b). If the Deputy Commissioner determines that the remarks are in violation of 37 CFR 1.3, the Deputy Commissioner will send a notice of non-entry of the paper to the applicant. At its discretion, the Office may also close the non-entered paper in the IFW of the application or remove the paper from the IFW.
If the attorney or agent is discourteous in the remarks or arguments in their amendment or other paper submitted for entry in an application file, either the discourtesy should be entirely ignored or the paper should be submitted to the Deputy Commissioner for Patents who oversees the Office of Petitions for review. See MPEP § 1002.02(b). If the Deputy Commissioner determines that the remarks are in violation of 37 CFR 1.3, the Deputy Commissioner will send a notice of non-entry of the paper to the applicant. At its discretion, the Office may also close the non-entered paper in the IFW of the application or remove the paper from the IFW.
If the attorney or agent is discourteous in the remarks or arguments in their amendment or other paper submitted for entry in an application file, either the discourtesy should be entirely ignored or the paper should be submitted to the Deputy Commissioner for Patents who oversees the Office of Petitions for review. See MPEP § 1002.02(b). If the Deputy Commissioner determines that the remarks are in violation of 37 CFR 1.3, the Deputy Commissioner will send a notice of non-entry of the paper to the applicant. At its discretion, the Office may also close the non-entered paper in the IFW of the application or remove the paper from the IFW.
Citations
| Primary topic | Citation |
|---|---|
| Access to Prosecution History | 37 CFR § 1.3 |
| Access to Prosecution History | MPEP § 1002.02(b) |
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 § 714.25 — Discourtesy of Applicant or Attorney
Source: USPTO714.25 Discourtesy of Applicant or Attorney [R-07.2022]
37 CFR 1.3 Business to be conducted with decorum and courtesy.
Applicants and their attorneys or agents are required to conduct their business with the United States Patent and Trademark Office with decorum and courtesy. Papers presented in violation of this requirement will be submitted to the Director and will not be entered. A notice of the non-entry of the paper will be provided. Complaints against examiners and other employees must be made in correspondence separate from other papers.
All papers received in the U.S. Patent and Trademark Office should be briefly reviewed to determine whether any discourteous remarks appear therein.
If the attorney or agent is discourteous in the remarks or arguments in their amendment or other paper submitted for entry in an application file, either the discourtesy should be entirely ignored or the paper should be submitted to the Deputy Commissioner for Patents who oversees the Office of Petitions for review. See MPEP § 1002.02(b). If the Deputy Commissioner determines that the remarks are in violation of 37 CFR 1.3, the Deputy Commissioner will send a notice of non-entry of the paper to the applicant. At its discretion, the Office may also close the non-entered paper in the IFW of the application or remove the paper from the IFW.