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Issue 62 | March 27, 2003
MPEP Revisions Published by USPTO
 The First Revision to the Eight Edition of the U.S. Patent and Trademark Office's Manual of Patent Examining Procedure is now available at http://www.uspto.gov/web/offices/pac/mpep/
mpep.htm
. This revision consists of replacement pages for the
Title Page
Chapter 200 "Types, Cross-Noting, and Status of Application"
Chapter 700 "Examination of Applications"
Chapter 1800 "Patent Cooperation Treaty"
Chapter 2100 "Patentability"
List of Decisions Cited
Appendix L – Patent Laws
Appendix R – Patent Rules
Appendix T – Patent Cooperation Treaty
Appendix AI – Administrative Instructions Under the PCT
Index
Blue Pages - Summary of Changes
The revision incorporates changes under the Intellectual Property and High Technology Technical Amendments Act of 2002 (Pub. L. 107-273, 116 Stat. 1758 (2002)) and the following final rules:
  1. "Legal Processes," which became effective on September 12, 2001;
  2. "Requirements for Claiming the Benefit of Prior-Filed Applications Under Eighteen-Month Publication of Patent Applications," which became effective on December 28, 2001;
  3. "Revision of the Time Limit for National Stage Commencement in the United States for Patent Cooperation Treaty Applications," which became effective on April 1, 2002;
  4. "Amendment of Rule Regarding Filing of Trademark Correspondence via ‘Express Mail’," which became effective on June 24, 2002;
  5. "Correspondence With the United States Patent and Trademark Office," which became effective on December 30, 2002; and
  6. "Revision of Patent and Trademark Fess for Fiscal Year 2003," which became effective on January 1, 2003.
The discussion of 35 U.S.C. 102(e) in Chapters 700, 1800 and 2100 has been revised to incorporate 35 U.S.C. 102(e), as amended by the Intellectual Property and High Technology Technical Amendments Act of 2002. However, the discussion of 35 U.S.C. 102(e) in the remaining Chapters (800, 900, 1500 and 2200) has not yet been updated to incorporate revised 35 U.S.C. 102(e) and will be updated in the next revision of the Manual. The Patent Office therefore advises that "When using these Chapters where 35 U.S.C. 102(e) has not yet been updated, users of the Manual should refer to Chapters 700, 1800 and 2100 for the revised 35 U.S.C. 102(e) as amended by the Intellectual Property and High Technology Technical Amendments Act of 2002."

To discuss this topic further, please contact the author, Bill Heinze, at Thomas, Kayden, Horstemeyer & Risley.

The information contained in this email is provided for informational purposes only and does not represent legal advice. Neither the APLF nor the author intends to create an attorney client relationship by providing this information to you through this message.

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