Patent Laws & Patent Rules

We stay current on patent laws, patent rules and patent cases. Occasionally, our clients want to read actual laws, cases or rules. For inventive minds that want to learn more, we offer the following overview of patent laws and patent rules. We enjoy the study of patents and welcome your questions.

 

Patent Laws

Patents law do not change often since such change literally requires an act of Congress.The Constitution of the United States, Article 1, section 8 gives Congress the power to enact laws related to patents. Patent laws are found in just a few places:

1. Title 35, United States Code (35 USC) contains the vast majority of patent laws.

2. Public Law 106-113, 113 Stat. 1501 (1999) was enacted by Congress and is known as the American Inventors Protection Act of 1999 (AIPA).

3. The Consolidated Appropriations Act, 2005, an act of Congress (H.R. 4818) signed into law by the President.

 

Patent Rules

In order to adapt to changing conditions and to implement the intent of the patent laws, Congress authorized the United States Patent and Trademark Office (USPTO) to create rules and regulations which are found in Title 37 of the Code of Federal Regulations (CFR). The USPTO constantly changes the rules and regulations of 37 CFR.

The Manual of Patent Examining Procedure (MPEP) is an important document issued by the USPTO. The MPEP contains relevant patent laws and patent rules and is used extensively by patent examiners in evaluating patent applications. Almost all communications from the USPTO contain references to the MPEP.