37 CFR § 1.197 — Termination of proceedings. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.197 Termination of proceedings.
This page consolidates MPEP guidance interpreting 37 CFR § 1.197, including 29 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
This section defines when patent proceedings are terminated by the dismissal of an appeal or failure to timely file an appeal, with specific conditions regarding claims that stand allowed.
What this section covers
- Defines when patent proceedings are considered terminated due to the dismissal of an appeal or failure to timely file an appeal.
Key obligations
- Understand that proceedings are terminated if no timely reply is received, and claims do not stand allowed.
- Recognize the distinction between claims that are allowed and those that require further action by the examiner.
- Adhere to specific conditions outlined in 37 CFR 1.197 for claim allowance and termination of proceedings.
Practice notes
- Ensure timely response to any notices related to appeal filings and understand the specific conditions for claim allowance.
- Review and understand the conditions for claim allowance before proceeding with any filings to avoid common pitfalls.
Official MPEP § 1.197 — Termination of proceedings.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.197 Termination of proceedings.
- (a) Proceedings on an application are considered
terminated by the dismissal of an appeal or the failure to timely
file an appeal to the court or a civil action except:
- (1) Where claims stand allowed in an application; or
- (2) Where the nature of the decision requires further action by the examiner.
- (b) The date of termination of proceedings on an application is the date on which the appeal is dismissed or the date on which the time for appeal to the U.S. Court of Appeals for the Federal Circuit or review by civil action (§ 90.3 of this chapter) expires in the absence of further appeal or review. If an appeal to the U.S. Court of Appeals for the Federal Circuit or a civil action has been filed, proceedings on an application are considered terminated when the appeal or civil action is terminated. A civil action is terminated when the time to appeal the judgment expires. An appeal to the U.S. Court of Appeals for the Federal Circuit, whether from a decision of the Board or a judgment in a civil action, is terminated when the mandate is issued by the Court.
[46 FR 29184, May 29, 1981; para. (a), 47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; 49 FR 556, Jan. 4, 1984, effective Apr. 1, 1984; paras. (a) and (b), 49 FR 48416, Dec. 12, 1984, effective Feb. 11, 1985; paras. (b) and (c), 54 FR 29552, July 13, 1989, effective Aug. 20, 1989; para. (b) revised, 58 FR 54504, Oct. 22, 1993, effective Jan. 3, 1994; paras. (a) & (b) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; para. (c) revised, 68 FR 70996, Dec. 22, 2003, effective Jan. 21, 2004; revised, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; section heading revised and para. (a) removed and reserved, 76 FR 72270, Nov. 22, 2011, effective Jan. 23, 2012; revised, 78 FR 62368, Oct. 21, 2013, effective Dec. 18, 2013 and corrected 78 FR 75251, Dec. 11, 2013, effective Dec. 18, 2013]
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- Appeal Withdrawal
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- Certified Copies
- Ex Parte Reexamination
- Reexamination Conclusion
- Maintenance Fee Late
- Patent Expiration Maintenance
- Patent Term
- Term Expiration
- Ptab Contested Case
- Reply Period
| MPEP Section | Rules |
|---|---|
| MPEP § 1214.06 | |
| MPEP § 1216.01 | |
| MPEP § 1216.02 |