MPEP § 711.02(c) — Termination of Proceedings (Annotated Rules)
§711.02(c) Termination of Proceedings
This page consolidates and annotates all enforceable requirements under MPEP § 711.02(c), 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.
Termination of Proceedings
This section addresses Termination of Proceedings. Primary authority: 35 U.S.C. 120. Contains: 4 statements.
Key Rules
Timing of Copendency
“Termination of proceedings” is an expression found in 35 U.S.C. 120. As there stated, a second application is considered to be copending with an earlier application if it is filed before
- (A) the patenting,
- (B) the abandonment of, or
- (C) termination of proceedings on the earlier application.
Civil Action
In each of the following situations, proceedings are terminated:
- (A) When the issue fee is not paid and the application is abandoned for failure to pay the issue fee, proceedings are terminated as of the date the issue fee was due and the application is the same as if it were abandoned after midnight on that date (but if the issue fee is later accepted, on petition, the application is revived). See MPEP § 711.03(c).
- (B) If an application is in interference wherein all the claims present in the application correspond to the counts and the application loses the interference as to all the claims, then proceedings on that application are terminated as of the date appeal or review by civil action was due if no appeal or civil action was filed.
- (C) Proceedings are terminated in an application after decision by the Patent Trial and Appeal Board as explained in MPEP § 1214.06.
- (D) Proceedings are terminated after a decision by the court as explained in MPEP § 1216.01.
Issue Fees
In each of the following situations, proceedings are terminated (A) When the issue fee is not paid and the application is abandoned for failure to pay the issue fee, proceedings are terminated as of the date the issue fee was due and the application is the same as if it were abandoned after midnight on that date (but if the issue fee is later accepted, on petition, the application is revived). See MPEP § 711.03(c).
Ex Parte Appeals to PTAB
In each of the following situations, proceedings are terminated:
…
(B) If an application is in interference wherein all the claims present in the application correspond to the counts and the application loses the interference as to all the claims, then proceedings on that application are terminated as of the date appeal or review by civil action was due if no appeal or civil action was filed.
PTAB Jurisdiction
In each of the following situations, proceedings are terminated:
…
(C) Proceedings are terminated in an application after decision by the Patent Trial and Appeal Board as explained in MPEP § 1214.06.
Citations
| Primary topic | Citation |
|---|---|
| Timing of Copendency | 35 U.S.C. § 120 |
| Civil Action PTAB Jurisdiction | MPEP § 1214.06 |
| Civil Action | MPEP § 1216.01 |
| Civil Action Issue Fees | MPEP § 711.03(c) |
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 § 711.02(c) — Termination of Proceedings
Source: USPTO711.02(c) Termination of Proceedings [R-11.2013]
“Termination of proceedings” is an expression found in 35 U.S.C. 120. As there stated, a second application is considered to be copending with an earlier application if it is filed before
- (A) the patenting,
- (B) the abandonment of, or
- (C) termination of proceedings on the earlier application.
“Before” has consistently been interpreted, in this context, to mean “not later than.”
In each of the following situations, proceedings are terminated:
- (A) When the issue fee is not paid and the application is abandoned for failure to pay the issue fee, proceedings are terminated as of the date the issue fee was due and the application is the same as if it were abandoned after midnight on that date (but if the issue fee is later accepted, on petition, the application is revived). See MPEP § 711.03(c).
- (B) If an application is in interference wherein all the claims present in the application correspond to the counts and the application loses the interference as to all the claims, then proceedings on that application are terminated as of the date appeal or review by civil action was due if no appeal or civil action was filed.
- (C) Proceedings are terminated in an application after decision by the Patent Trial and Appeal Board as explained in MPEP § 1214.06.
- (D) Proceedings are terminated after a decision by the court as explained in MPEP § 1216.01.