MPEP Posts
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The Manual of Patent Examining Procedure, in 280-character chunks. Sponsored by Renner Otto, an Award-Winning IP Law Firm on a Great Lake. Not legal advice!
707.07(i): When the application includes multiple dependent claims, [the Examiner should] treat each version of the multiple dependent claim separately in the Office action.
December 11, 2025 at 3:12 PM
707.07(i): When the application includes multiple dependent claims, [the Examiner should] treat each version of the multiple dependent claim separately in the Office action.
1302.02: Whenever interlineations or cancellations have been made in the specification or amendments which would lead to confusion and mistake, the examiner should require the entire portion of specification affected to be rewritten before passing the application to issue.
December 10, 2025 at 2:50 PM
1302.02: Whenever interlineations or cancellations have been made in the specification or amendments which would lead to confusion and mistake, the examiner should require the entire portion of specification affected to be rewritten before passing the application to issue.
608.02(b)(I): An inventor is not required to re-execute a new inventor’s oath or declaration after alteration of the application papers provided that the changes are minor, for example, correction of typographical errors, grammatical problems, and clarifying sentences. 1/2
December 8, 2025 at 4:34 PM
608.02(b)(I): An inventor is not required to re-execute a new inventor’s oath or declaration after alteration of the application papers provided that the changes are minor, for example, correction of typographical errors, grammatical problems, and clarifying sentences. 1/2
724.02: Information which is considered by the party submitting the same to be either trade secret material or proprietary material, and any material subject to a protective order, must be clearly labeled as such and be filed in a sealed, clearly labeled, envelope or container.
December 4, 2025 at 5:24 PM
724.02: Information which is considered by the party submitting the same to be either trade secret material or proprietary material, and any material subject to a protective order, must be clearly labeled as such and be filed in a sealed, clearly labeled, envelope or container.
1403: While examiners should not make rejections based on lack of diligence …, courts have looked to see if a reissue applicant was diligent in correcting the error(s) in the patent…, even [for] narrowing reissues.
November 24, 2025 at 6:15 PM
1403: While examiners should not make rejections based on lack of diligence …, courts have looked to see if a reissue applicant was diligent in correcting the error(s) in the patent…, even [for] narrowing reissues.
602.03: The wording of an oath or declaration should not be amended, altered or changed in any manner after it has been signed. 1/2
November 20, 2025 at 3:10 PM
602.03: The wording of an oath or declaration should not be amended, altered or changed in any manner after it has been signed. 1/2
1605: If the written description of a plant is deficient in certain respects (see, e.g., In re Greer, 484 F.2d 488, 179 USPQ 301 (CCPA 1973)), a clarification or additional description of the plant, or even a wholesale substitution of the original description so long as … 1/2
November 19, 2025 at 1:58 PM
1605: If the written description of a plant is deficient in certain respects (see, e.g., In re Greer, 484 F.2d 488, 179 USPQ 301 (CCPA 1973)), a clarification or additional description of the plant, or even a wholesale substitution of the original description so long as … 1/2
1503.01(I): When a design is embodied in an article having multiple functions or comprises multiple independent parts or articles that interact with each other, the title must clearly define them as a single entity, for example, combined or combination, set, pair, unit assembly.
November 18, 2025 at 2:40 PM
1503.01(I): When a design is embodied in an article having multiple functions or comprises multiple independent parts or articles that interact with each other, the title must clearly define them as a single entity, for example, combined or combination, set, pair, unit assembly.
608.01(g): The description is a dictionary for the claims and should provide clear support or antecedent basis for all terms used in the claims.
November 13, 2025 at 2:45 PM
608.01(g): The description is a dictionary for the claims and should provide clear support or antecedent basis for all terms used in the claims.
2590(I): A person seeking reinstatement of an expired patent should not make a statement that the delay in payment of the maintenance fee was unintentional unless … 1/2
November 12, 2025 at 4:22 PM
2590(I): A person seeking reinstatement of an expired patent should not make a statement that the delay in payment of the maintenance fee was unintentional unless … 1/2
601.01(a)(I): 35 U.S.C. 111(a) now provides minimal formal requirements necessary for an application to be entitled to a filing date to safeguard against the loss of a filing date due to a technicality. 1/3
November 10, 2025 at 3:23 PM
601.01(a)(I): 35 U.S.C. 111(a) now provides minimal formal requirements necessary for an application to be entitled to a filing date to safeguard against the loss of a filing date due to a technicality. 1/3
1214.06(I): Claims indicated as allowable but objected to prior to appeal because of their dependency from rejected claims will be treated as if they were rejected, … 1/2
November 6, 2025 at 3:08 PM
1214.06(I): Claims indicated as allowable but objected to prior to appeal because of their dependency from rejected claims will be treated as if they were rejected, … 1/2
601.05(a)(I): The reference to a previously filed application in an ADS under 37 CFR 1.57(a) is not sufficient to establish a priority or benefit claim to that previously filed application. 1/2
November 5, 2025 at 6:47 PM
601.05(a)(I): The reference to a previously filed application in an ADS under 37 CFR 1.57(a) is not sufficient to establish a priority or benefit claim to that previously filed application. 1/2
2157: In the rare situation where it is clear that the application does not name the correct inventorship and the applicant has not filed a request to correct inventorship under 37 CFR 1.48, Office personnel should reject the claims under 35 U.S.C. 101 and 35 U.S.C. 115.
November 3, 2025 at 5:50 PM
2157: In the rare situation where it is clear that the application does not name the correct inventorship and the applicant has not filed a request to correct inventorship under 37 CFR 1.48, Office personnel should reject the claims under 35 U.S.C. 101 and 35 U.S.C. 115.
1403: While examiners should not make rejections based on lack of diligence (which does not include rejections under 35 U.S.C. 251 for a broadening reissue that is impermissibly filed outside of the two year time period set in 35 U.S.C. 251), … 1/2
October 30, 2025 at 1:51 PM
1403: While examiners should not make rejections based on lack of diligence (which does not include rejections under 35 U.S.C. 251 for a broadening reissue that is impermissibly filed outside of the two year time period set in 35 U.S.C. 251), … 1/2
2106.05(h): Examiners should be aware that the courts often use the terms “technological environment” and “field of use” interchangeably, and thus for purposes of the eligibility analysis examiners should consider these terms interchangeable.
October 29, 2025 at 3:13 PM
2106.05(h): Examiners should be aware that the courts often use the terms “technological environment” and “field of use” interchangeably, and thus for purposes of the eligibility analysis examiners should consider these terms interchangeable.
601.01(e): If … a design application does not contain at least one claim, a “Notice of Incomplete Application” will be mailed to the applicant(s) indicating that no filing date has been granted and setting a period for submitting a claim. 1/2
October 27, 2025 at 2:32 PM
601.01(e): If … a design application does not contain at least one claim, a “Notice of Incomplete Application” will be mailed to the applicant(s) indicating that no filing date has been granted and setting a period for submitting a claim. 1/2
706.07(f)(II)(H): Where an extension of time is necessary to place an application in condition for allowance (e.g., when an examiner’s amendment is necessary after the shortened statutory period for reply has expired), … 1/2
October 23, 2025 at 1:31 PM
706.07(f)(II)(H): Where an extension of time is necessary to place an application in condition for allowance (e.g., when an examiner’s amendment is necessary after the shortened statutory period for reply has expired), … 1/2
2111.01(V): there is a presumption that claim terms have their ordinary and customary meaning[,] and the specification must provide a clear and intentional use of a special definition for the claim term to be treated as having a special definition
October 22, 2025 at 2:12 PM
2111.01(V): there is a presumption that claim terms have their ordinary and customary meaning[,] and the specification must provide a clear and intentional use of a special definition for the claim term to be treated as having a special definition
2111.01(IV)(B): in some cases, disavowal of a broader claim scope may be made by implication, such as where the specification contains only disparaging remarks with respect to a feature and every embodiment in the specification excludes that feature.
October 20, 2025 at 2:18 PM
2111.01(IV)(B): in some cases, disavowal of a broader claim scope may be made by implication, such as where the specification contains only disparaging remarks with respect to a feature and every embodiment in the specification excludes that feature.
2107.02(I): regardless of the category of invention that is claimed (e.g., product or process), an applicant need only make one credible assertion of specific utility for the claimed invention to satisfy 35 U.S.C. 101 and 35 U.S.C. 112; 1/2
October 16, 2025 at 1:41 PM
2107.02(I): regardless of the category of invention that is claimed (e.g., product or process), an applicant need only make one credible assertion of specific utility for the claimed invention to satisfy 35 U.S.C. 101 and 35 U.S.C. 112; 1/2
608.01(p)(I)(A)(2): Incorporating by reference material that was not incorporated by reference on filing of an application may introduce new matter.
October 15, 2025 at 12:51 PM
608.01(p)(I)(A)(2): Incorporating by reference material that was not incorporated by reference on filing of an application may introduce new matter.
710.05: The federal holidays under 5 U.S.C. 6103(a) [include] … Columbus Day, the second Monday in October.
October 13, 2025 at 1:24 PM
710.05: The federal holidays under 5 U.S.C. 6103(a) [include] … Columbus Day, the second Monday in October.
2173.05(i): Any negative limitation or exclusionary proviso must have basis in the original disclosure. If alternative elements are positively recited in the specification, they may be explicitly excluded in the claims.
October 9, 2025 at 1:45 PM
2173.05(i): Any negative limitation or exclusionary proviso must have basis in the original disclosure. If alternative elements are positively recited in the specification, they may be explicitly excluded in the claims.
2126.01: The date the patent is available as a reference is generally the date that the patent becomes enforceable[:] … the date the sovereign formally bestows patent rights to the applicant. … There is an exception to this rule when the patent is secret as of the date the rights are awarded.
October 8, 2025 at 2:58 PM
2126.01: The date the patent is available as a reference is generally the date that the patent becomes enforceable[:] … the date the sovereign formally bestows patent rights to the applicant. … There is an exception to this rule when the patent is secret as of the date the rights are awarded.