35 U.S.C. § 132 — Notice of rejection; reexamination (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 132 Notice of rejection; reexamination
This page consolidates MPEP guidance interpreting 35 U.S.C. § 132, including 320 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
35 USC 132 provides the legal framework for patent examiners to issue rejection notices and require applicants to address substantive deficiencies in patent applications.
What this section covers
- Formal process for patent examiners to communicate substantive issues with a patent application
- Legal mechanism for providing applicants notice and opportunity to amend patent applications
Key obligations
- Ensure amendments have clear antecedent basis in the original disclosure
- Prohibit introduction of new matter beyond the original filed specification
- Comply with disclosure requirements when responding to a rejection
Conditions and exceptions
- Amendments must be directly responsive to the specific grounds of rejection
Practice notes
- Thoroughly review the entire rejection notice to understand all grounds for rejection before drafting a response
- Verify that claim amendments are fully supported by the original specification without introducing new matter
Official MPEP § 132 — Notice of rejection; reexamination
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 132 Notice of rejection; reexamination.
- (a) Whenever, on examination, any claim for a patent is rejected, or any objection or requirement made, the Director shall notify the applicant thereof, stating the reasons for such rejection, or objection or requirement, together with such information and references as may be useful in judging of the propriety of continuing the prosecution of his application; and if after receiving such notice, the applicant persists in his claim for a patent, with or without amendment, the application shall be reexamined. No amendment shall introduce new matter into the disclosure of the invention.
- (b) The Director shall prescribe regulations to provide for the continued examination of applications for patent at the request of the applicant. The Director may establish appropriate fees for such continued examination and shall provide a 50 percent reduction in such fees for small entities that qualify for reduced fees under section 41(h)(1) .
(Amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-560, 582 (S. 1948 secs. 4403 and 4732(a)(10)(A)); amended Sept. 16, 2011, Public Law 112-29, sec. 20(j) (effective Sept. 16, 2012), 125 Stat. 284.)
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