37 CFR 1.292
Public use proceedings.
This document contains one section of Chapter 37 of the Code of Federal Regulations. This page was last updated in November, 2005. You may return to the main 37 CFR Index, or to the index for one of the follow parts:
part 1 (patents);
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part 200+ (copyrights).
(a)When a petition for the institution of public use proceedings, supported by affidavits or declarations is found, on reference to the examiner, to make a prima facie showing that the invention claimed in an application believed to be on file had been in public use or on sale more than one year before the filing of the application, a hearing may be had before the Director to determine whether a public use proceeding should be instituted. If instituted, the Director may designate an appropriate official to conduct the public use proceeding, including the setting of times for taking testimony, which shall be taken as provided by part 41, subpart D, of this title. The petitioner will be heard in the proceedings but after decision therein will not be heard further in the prosecution of the application for patent.
(b)The petition and accompanying papers, or a notice that such a petition has been filed, shall be entered in the application file if:
(1)The petition is accompanied by the fee set forth in § 1.17(j);
(2)The petition is served on the applicant in accordance with § 1.248, or filed with the Office in duplicate in the event service is not possible; and
(3)The petition is submitted prior to the date the application was published or the mailing of a notice of allowance under § 1.311, whichever occurs first.