What is the statutory authority for patent examination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
This page is an FAQ based on guidance 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.
The statutory authority for patent examination is outlined in 35 U.S.C. 131, which states:
The Director shall cause an examination to be made of the application and the alleged new invention; and if on such examination it appears that the applicant is entitled to a patent under the law, the Director shall issue a patent therefor.
This statute mandates that the USPTO Director must ensure that patent applications are examined to determine if they meet the legal requirements for patentability.