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35 U.S.C. § 132 — Notice of rejection; reexamination
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever, on examination, any claim for a patent is rejected, or any objection or requirement made, the Director shall notify the applicant thereof, stating the reasons for such rejection, or objection or requirement, together with such information and references as may be useful in judging of the propriety of continuing the prosecution of his application; and if after receiving such notice, the applicant persists in his claim for a patent, with or without amendment, the application shall be reexamined. No amendment shall introduce new matter into the disclosure of the invention.
**(b)** The Director shall prescribe regulations to provide for the continued examination of applications for patent at the request of the applicant. The Director may establish appropriate fees for such continued examination and shall provide a 50 percent reduction in such fees for small entities that qualify for reduced fees under section 41(h)(1).
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Source file: Laws/federal/codes/united-states-code/title-35/section-132-notice-of-rejection-reexamination--fa602bf399.md
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Source location: Title 35, Chapter 12, § 132; chapter-012-examination-of-application.md
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**(a)** Whenever, on examination, any claim for a patent is rejected, or any objection or requirement made, the Director shall notify the applicant thereof, stating the reasons for such rejection, or objection or requirement, together with such information and references as may be useful in judging of the propriety of continuing the prosecution of his application; and if after receiving such notice, the applicant persists in his claim for a patent, with or without amendment, the application shall be reexamined. No amendment shall introduce new matter into the disclosure of the invention.
**(b)** The Director shall prescribe regulations to provide for the continued examination of applications for patent at the request of the applicant. The Director may establish appropriate fees for such continued examination and shall provide a 50 percent reduction in such fees for small entities that qualify for reduced fees under section 41(h)(1).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Receipt from the International Bureau of copies of international applications with any amendments to the claims, international search reports, and international preliminary examination reports including any annexes thereto may be required in the case of international applications designating or electing the United States.
**(b)** Subject to subsection (f) of this section, the national stage shall commence with the expiration of the applicable time limit under article 22(1) or (2), or under article 39(1)(a) of the treaty.
**(c)** The applicant shall file in the Patent and Trademark Office—
(1) the national fee provided in section 41(a);
(2) a copy of the international application, unless not required under subsection (a) of this section or already communicated by the International Bureau, and a translation into the English language of the international application, if it was filed in another language;
(3) amendments, if any, to the claims in the international application, made under article 19 of the treaty, unless such amendments have been communicated to the Patent and Trademark Office by the International Bureau, and a translation into the English language if such amendments were made in another language;
(4) an oath or declaration of the inventor (or other person authorized under chapter 11) complying with the requirements of section 115 and with regulations prescribed for oaths or declarations of applicants;
(5) a translation into the English language of any annexes to the international preliminary examination report, if such annexes were made in another language.
**(d)** The requirements with respect to the national fee referred to in subsection (c)(1), the translation referred to in subsection (c)(2), and the oath or declaration referred to in subs
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office.
**(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business.
**(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The United States Patent and Trademark Office, subject to the policy direction of the Secretary of Commerce—
(1) shall be responsible for the granting and issuing of patents and the registration of trademarks; and
(2) shall be responsible for disseminating to the public information with respect to patents and trademarks.
**(b) Specific Powers.—** The Office—
(1) shall adopt and use a seal of the Office, which shall be judicially noticed and with which letters patent, certificates of trademark registrations, and papers issued by the Office shall be authenticated;
(2) may establish regulations, not inconsistent with law, which—
(A) shall govern the conduct of proceedings in the Office;
(B) shall be made in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim);
(C) shall facilitate and expedite the processing of patent applications, particularly those which can be filed, stored, processed, searched, and retrieved electronically, subject to the provisions of section 122 relating to the confidential status of applications;
(D) may govern the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Office, and may require them, before being recognized as representatives of applicants or other persons, to show that they are of good moral character and reputation and are possessed of the necessary qualifications to render to applicants or other persons valuable service, advice, and assistance in the presentation or prosecution of their applications or other business before the Office;
(E) shall recognize the public interest in continuing to safeguard broad access to the United States patent sys
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Federal law — U.S. Code and appendices · legal_authorities
Page 60
TITLE 35—PATENTS
§ 132
(July 19, 1952, ch. 950, 66 Stat. 801; Pub. L.
106–113,
div.
B,
§ 1000(a)(9)
[title
IV,
§ 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536,
1501A–582; Pub. L. 107–273, div. C, title III,
§ 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)
HISTORICAL AND REVISION NOTES
Based on Title 35, U.S.C., 1946 ed., § 36 (R.S. 4893).
The first part is revised in language and amplified.
The phrase ‘‘and that the invention is sufficiently use-
ful and important’’ is omitted as unnecessary, the re-
quirements for patentability being stated in sections
101, 102 and 103.
Editorial Notes
AMENDMENTS
2002—Pub. L. 107–273 made technical correction to di-
rectory language of Pub. L. 106–113. See 1999 Amend-
ment note below.
1999—Pub. L. 106–113, as amended by Pub. L. 107–273,
substituted ‘‘Director’’ for ‘‘Commissioner’’ in two
places.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106–113 effective 4 months
after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731]
of Pub. L. 106–113, set out as a note under section 1 of
this title.
PRE-PROSECUTION ASSESSMENT PILOT PROGRAM
Pub. L. 117–328, div. W, § 106, Dec. 29, 2022, 136 Stat.
5521, provided that:
‘‘(a) PILOT PROGRAM.—Not later than 1 year after the
date of enactment of this Act [Dec. 29, 2022], the Direc-
tor shall establish a pilot program to assist first-time
prospective
patent
applicants
in
assessing
the
strengths and weaknesses of a potential patent applica-
tion submitted by such a prospective applicant.
‘‘(b) CONSIDERATIONS.—In developing the pilot pro-
gram required under subsection (a), the Director shall
establish—
‘‘(1) a notification process to notify a prospective
patent applicant seeking an assessment describe
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