Читать книгу Intellectual Property Law for Engineers, Scientists, and Entrepreneurs - Howard B. Rockman - Страница 56

In 1952, the Patent Act, as it primarily exists today, was enacted by Congress as part of 35 U.S. Code (35 U.S.C. §100 et. seq.), the federal statutory scheme. The 1952 Patent Act has been modified frequently over the past 60+ years to bring some of its requirements into harmonization with international patent laws and treaties, and to clarify or change details in the U.S. law. The latest major revision to the U.S. Patent Law was the America Invents Act (AIA), enacted by Congress in 2011, and which is discussed in more detail in Chapter 18.

The Patent Act authorizes the U.S. Patent and Trademark Office (USPTO) to issue its own Rules of Practice, which set forth in further detail the particulars of how the USPTO operates, procedurally, substantially, and financially. These rules, which are found in Volume 37 of the U.S. Code of Federal Regulations (37 C.F.R.), have been enacted under the Administrative Procedures Act, and have the authority of law.

The USPTO has also issued a rather lengthy tome entitled “The Manual of Patent Examining Procedure” (MPEP), which comprises the set of guidelines the patent examiners and other personnel of the USPTO adhere to when examining or otherwise processing U.S. patent applications. Those of us, patent attorneys and agents alike, also refer to the MPEP as a reference in preparing, amending, and prosecuting U.S. patent applications. The MPEP is a set of guidelines issued by the USPTO, and does not have the effect of law, as compared to the Patent Act (35 U.S.C.) and the Rules of Practice (37 C.F.R.), which both have the effect of law.

The Patent Act, the Rules of Practice, and the MPEP are all available on the website of the USPTO (www.uspto.gov), as well as a wealth of other information relating to patents.