What are public use proceedings in patent law?

Public use proceedings were a process in patent law that allowed third parties to challenge a patent application based on alleged public use or sale of the invention before the filing date. However, as of September 16, 2012, this process has been discontinued.

According to the MPEP, Effective September 16, 2012, former 37 CFR. 1.292 authorizing petitions seeking institution of public use proceedings was removed from title 37. This change reflects a significant shift in patent examination procedures.

For historical information about public use proceedings, the MPEP directs readers to consult an older version: For information necessary regarding the former process, the August 2012 revision of the MPEP ( www.uspto.gov/web/offices/pac/mpep/old/mpep_E8R9.htm ) may be consulted.

To learn more:

• public use proceedings
• patent law
• USPTO
• patent examination
• 37 CFR 1.292

To learn more:

• 37 CFR 1.292