When were public use proceedings discontinued by the USPTO?
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.
Public use proceedings were discontinued by the United States Patent and Trademark Office (USPTO) on September 16, 2012. The MPEP clearly states: Effective September 16, 2012, former 37 CFR. 1.292 authorizing petitions seeking institution of public use proceedings was removed from title 37.
This change was part of broader reforms to the U.S. patent system implemented by the America Invents Act (AIA). The removal of public use proceedings reflects a shift towards other mechanisms for challenging patent applications and granted patents.