37 CFR § 1.2 — Business to be transacted in (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.2, including 59 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 the procedures for Office personnel to handle third-party inquiries and correspondence in published patent applications, ensuring no response is made unless it complies with specific rules.

What this section covers

Defines that this section covers Office personnel's actions regarding third-party inquiries and correspondence in published patent applications.
Identifies that the core topic is ensuring Office personnel do not respond to or act upon third-party inquiries unless they comply with specific rules.

Key obligations

States that Office personnel must not reply to or act upon any third-party inquiry in a published application unless it complies with specific rules.
States that Office personnel should follow the guidance provided in this section for handling third-party inquiries and correspondence.
States that Office personnel must adhere to the USC/CFR authority for handling third-party inquiries and correspondence in published applications.

Practice notes

Gives a practical drafting tip: Ensure all third-party inquiries are in compliance with the specific rules before responding.
Calls out a common pitfall: Failing to follow the guidance can lead to improper actions and potential legal issues.

All Business Must Be Transacted In WritingMPEP 2002.02Recommended
No Need for Personal Visit to Patent OfficeMPEP 2002.02
Action Based on Written Record OnlyMPEP 2002.02
No Attention to Oral Promises in DisputeMPEP 2002.02
Written Disclosure Required for Each ApplicationMPEP 2002.02Required
Presentation of Paper Constitutes CertificationMPEP 2002.02
Disclosure Must Be In WritingMPEP 2002.02
Requirement for Factual Support and Legal Warrantiness in Paper PresentationMPEP 2002.02
Item of Information Must Be in WritingMPEP 2809Required
Written Transcript Requirement for Audio/Video RecordingsMPEP 2809Required
Transcript Required for Video SubmissionsMPEP 2809Required
Transcript Requirement for Audio/Video Recordings in Supplemental ExaminationMPEP 2809
Transcripts Must Be Submitted for Audio/Video RecordingsMPEP 2809Required
Transcript and Selected Video Images Required for Supplemental ExaminationMPEP 2809Permitted
Daytime Telephone Number Required for CorrespondenceMPEP 403.01(b)
Daytime Telephone Number Requirement for CorrespondenceMPEP 403.01(b)
Telephone Number Can Be Changed With Address ModificationMPEP 403.01(b)
Credit Card Payment for Fees Must Be In WritingMPEP 509Required
Revised Credit Card Payment Form Required If Missing InformationMPEP 509Required
Credit Card Fee Must Be In WritingMPEP 509
Daytime Telephone Number Required for CorrespondenceMPEP 601.03(a)
Daytime Telephone Number Requirement for CorrespondenceMPEP 601.03(a)
Change of Correspondence Address Also Allows Changing Telephone NumberMPEP 601.03(a)Permitted
Daytime Telephone Number for Correspondence RequiredMPEP 601.03(b)
Daytime Telephone Number Requirement for CorrespondenceMPEP 601.03(b)
Change of Correspondence Address Also Allows Changing Phone NumberMPEP 601.03(b)Permitted
All Business Must Be Transacted In WritingMPEP 713.04Recommended
Business to be Transacted in WritingMPEP 713.04
Action Based on Written Record OnlyMPEP 713.04
No Attention to Oral Promises with DisagreementMPEP 713.04
Substance of Interview Must Be Made of RecordMPEP 713.04Prohibited
Interview Summary Must Be RecordedMPEP 713.04Required
Substance of Interview Must Be Made of RecordMPEP 713.04Required
Requirement for Recording Interview SubstanceMPEP 713.04Recommended
Requirement for Recording Interview SubstanceMPEP 713.04Permitted
Requirement for Recording Interview SubstanceMPEP 713.04
Examiner Must Complete Interview Summary Form Before MeetingMPEP 713.04
Issues Discussed Must Be Completed at Interview EndMPEP 713.04Recommended
Interview Summary Must Be Given to ApplicantMPEP 713.04Recommended
Interview Summary Must Include Date and SubstanceMPEP 713.04Required
Interview Summary Must Be Provided to ApplicantMPEP 713.04Recommended
Interview Summary Form Can Be EmailedMPEP 713.04Permitted
Interview Summary Should Be Mailed Promptly After InterviewMPEP 713.04Recommended
Interview Summary Must Record Key DetailsMPEP 713.04
Requirement for Recording Interview SubstanceMPEP 713.04Recommended
Requirement for Recording Electronic Interview ContentMPEP 713.04Required
Examiner Must Review Interview SummaryMPEP 713.04
2-Month Reply Period for Incomplete Interview Records in Non-Final ActionsMPEP 713.04Permitted

Written Disclosure Required for Each ApplicationMPEP 2002.02Required
Interview Content Must Be Recorded In ApplicationMPEP 2173.02Required
Item of Information Must Be in WritingMPEP 2809Required
Written Transcript Requirement for Audio/Video RecordingsMPEP 2809Required
Transcript Required for Video SubmissionsMPEP 2809Required
Transcripts Must Be Submitted for Audio/Video RecordingsMPEP 2809Required
Credit Card Payment for Fees Must Be In WritingMPEP 509Required
Revised Credit Card Payment Form Required If Missing InformationMPEP 509Required
Interview Summary Must Be RecordedMPEP 713.04Required
Substance of Interview Must Be Made of RecordMPEP 713.04Required
Interview Summary Must Include Date and SubstanceMPEP 713.04Required
Requirement for Recording Electronic Interview ContentMPEP 713.04Required

Examiners Must Not Respond to Third-Party Oral Comments on Published ApplicationsMPEP 1134
Requirement for Written Communication with OfficeMPEP 1134Recommended
Examiners Must Not Respond to Third-Party InquiriesMPEP 1134
Third-Party Submissions Must Be In WritingMPEP 1134
Third-Party Inquiries Refer to Enrollment and DisciplineMPEP 1134Permitted
Interview to Resolve 112 IssuesMPEP 2173.02Permitted
Requirement for Recording Interview AgreementsMPEP 2173.02
Claim Term Clarity and Specification Consistency Must Be Resolved During InterviewMPEP 2173.02Recommended
Requirement for Proper Interview RecordationMPEP 713.04
Procedural Matters and Typographical Errors Excluded from Interview RecordationMPEP 713.04

MPEP Section	Rules
MPEP § 1134	Examiners Must Not Respond to Third-Party Oral Comments on Published ApplicationsMPEP 1134 Requirement for Written Communication with OfficeMPEP 1134Recommended Examiners Must Not Respond to Third-Party InquiriesMPEP 1134 Third-Party Submissions Must Be In WritingMPEP 1134 Third-Party Inquiries Refer to Enrollment and DisciplineMPEP 1134Permitted
MPEP § 2002.02	All Business Must Be Transacted In WritingMPEP 2002.02Recommended No Need for Personal Visit to Patent OfficeMPEP 2002.02 Action Based on Written Record OnlyMPEP 2002.02 No Attention to Oral Promises in DisputeMPEP 2002.02 Written Disclosure Required for Each ApplicationMPEP 2002.02Required Presentation of Paper Constitutes CertificationMPEP 2002.02 Disclosure Must Be In WritingMPEP 2002.02 Requirement for Factual Support and Legal Warrantiness in Paper PresentationMPEP 2002.02
MPEP § 2173.02	Interview to Resolve 112 IssuesMPEP 2173.02Permitted Interview Content Must Be Recorded In ApplicationMPEP 2173.02Required Requirement for Recording Interview AgreementsMPEP 2173.02 Claim Term Clarity and Specification Consistency Must Be Resolved During InterviewMPEP 2173.02Recommended
MPEP § 2809	Item of Information Must Be in WritingMPEP 2809Required Written Transcript Requirement for Audio/Video RecordingsMPEP 2809Required Transcript Required for Video SubmissionsMPEP 2809Required Transcript Requirement for Audio/Video Recordings in Supplemental ExaminationMPEP 2809 Transcripts Must Be Submitted for Audio/Video RecordingsMPEP 2809Required Transcript and Selected Video Images Required for Supplemental ExaminationMPEP 2809Permitted
MPEP § 403.01(b)	Daytime Telephone Number Required for CorrespondenceMPEP 403.01(b) Daytime Telephone Number Requirement for CorrespondenceMPEP 403.01(b) Telephone Number Can Be Changed With Address ModificationMPEP 403.01(b)
MPEP § 509	Credit Card Payment for Fees Must Be In WritingMPEP 509Required Revised Credit Card Payment Form Required If Missing InformationMPEP 509Required Credit Card Fee Must Be In WritingMPEP 509
MPEP § 601.03(a)	Daytime Telephone Number Required for CorrespondenceMPEP 601.03(a) Daytime Telephone Number Requirement for CorrespondenceMPEP 601.03(a) Change of Correspondence Address Also Allows Changing Telephone NumberMPEP 601.03(a)Permitted
MPEP § 601.03(b)	Daytime Telephone Number for Correspondence RequiredMPEP 601.03(b) Daytime Telephone Number Requirement for CorrespondenceMPEP 601.03(b) Change of Correspondence Address Also Allows Changing Phone NumberMPEP 601.03(b)Permitted
MPEP § 713.04	All Business Must Be Transacted In WritingMPEP 713.04Recommended Business to be Transacted in WritingMPEP 713.04 Action Based on Written Record OnlyMPEP 713.04 No Attention to Oral Promises with DisagreementMPEP 713.04 Substance of Interview Must Be Made of RecordMPEP 713.04Prohibited Interview Summary Must Be RecordedMPEP 713.04Required Substance of Interview Must Be Made of RecordMPEP 713.04Required Requirement for Recording Interview SubstanceMPEP 713.04Recommended Requirement for Recording Interview SubstanceMPEP 713.04Permitted Requirement for Recording Interview SubstanceMPEP 713.04 Requirement for Proper Interview RecordationMPEP 713.04 Procedural Matters and Typographical Errors Excluded from Interview RecordationMPEP 713.04 Examiner Must Complete Interview Summary Form Before MeetingMPEP 713.04 Issues Discussed Must Be Completed at Interview EndMPEP 713.04Recommended Interview Summary Must Be Given to ApplicantMPEP 713.04Recommended Interview Summary Must Include Date and SubstanceMPEP 713.04Required Interview Summary Must Be Provided to ApplicantMPEP 713.04Recommended Interview Summary Form Can Be EmailedMPEP 713.04Permitted Interview Summary Should Be Mailed Promptly After InterviewMPEP 713.04Recommended Interview Summary Must Record Key DetailsMPEP 713.04 Requirement for Recording Interview SubstanceMPEP 713.04Recommended Requirement for Recording Electronic Interview ContentMPEP 713.04Required Examiner Must Review Interview SummaryMPEP 713.04 2-Month Reply Period for Incomplete Interview Records in Non-Final ActionsMPEP 713.04Permitted

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 1.2 — Business to be transacted in (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.2 Business to be transacted in

Summary

Official MPEP § 1.2 — Business to be transacted in

1.2 Business to be transacted in writing.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions

Related Posts: