PART 1-RULES OF PRACTICE

APPLICATION

§ 1.31 Incomplete application shall not be filed.

NOTE: 1.31 was amended by inserting in the last paragraph after the word "statute" the words "or by or under the rules in this part", Sept. 1, 1941; 6 F.R. 3923.

§ 1.94 When declared; copying claims. Interferences will be declared between applications by different parties for patent or for reissue when such applications contain claims for substantially the same invention which are allowable in the application of each party, and interferences will also be declared between applications for patent, or for reissue, and unexpired original or reissued patents, of different parties, when such applications and patents contain claims for substantially the same invention which are allowable in all of the applications involved: Provided, That where the filing date of any applicant is subsequent to the filing date of any patentee, the applicant shall file an affidavit that he made the invention in controversy, in this country, before the filing date of the patentee; and, when required, the applicant shall file an affidavit setting forth facts showing that he completed the invention in controversy, in this country, before the filing date of the patentee.

Where an applicant presents a claim copied or substantially copied from a

patent, he must, at the time he presents the claim, identify the patent, give the number of the patented claim, and specifically apply the terms of the copied claim to his own disclosure. [As amended Dec. 4, 1941; 6 F.R. 6271]

*

NOTE: $1.94 was amended by the revision of the first and third paragraphs only, Dec. 4, 1941; 6 F.R. 6271.

APPEALS TO THE BOARD OF APPEALS AND PETITIONS TO THE COMMISSIONER IN THE EX PARTE PROSECUTION OF APPLICATIONS

§ 1.134 Prerequisites. [Revoked] NOTE: 1.134 was revoked Sept. 1, 1941; 6 F.R. 3923.

§ 1.139 Decision of board of appeals. NOTE: 1.139 was amended by revoking the last paragraph, Sept. 1, 1941; 6 F.R. 3923. § 1.140 Rehearings.

NOTE: 1.140 was amended by deleting the words "were decided by the examiners in chief or which", Sept. 1, 1941; 6 F.R. 3923.

§ 1.142 Petition to without fee.

Commissioner

NOTE: 1.142 was amended by deleting the word “will” in the first sentence and inserting in lieu thereof the word "may", Sept. 1, 1941; 6 F.R. 3923.

APPEALS TO THE UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS

§ 1.149 Notice to Commissioner of appeal to court. When an appeal is taken to the United States Court of Customs and Patent Appeals, the appellant shall give notice thereof to the Commissioner, and file in the Patent Office, within 40 days, exclusive of Sundays and legal holidays in the District of Columbia but including Saturday half holidays, from the date of the decision appealed from, his reasons of appeal specifically set forth in writing: Pro

3.15 Application mailed, license presented at post office.

AUTHORITY: §§ 3.1 to 3.15, inclusive, issued under 55 Stat. 657; 35 U.S.C., Sup., 42a.

SOURCE: §§ 3.1 to 3.15, inclusive, added by Order 151, Commissioner of Patents, approved by Secretary of Commerce, Sept. 22, 1941; 6 F.R. 4900.

§3.1 Petition for license. Licenses will be issued on petition addressed to the Commissioner of Patents. One petition completely filled out in duplicate must be filed for each application and for each amendment to be filed in each foreign country. Petitions must be filed on forms DL1 (applications) and DL2 (amendments), except that applications

for licenses made on A. E. C. Form No. 16, filed and completed in the Office of the Administrator of Export Control before September 20, 1941, and not granted or denied by the Administrator will be considered by the Commissioner of Patents.

§ 3.2 Definitions. The term "application", as used in the regulations in this part, includes applications, and any modifications, amendments, or supplements thereto or continuances thereof, and in the petition for license, includes the usual application for patent or for the registration of a utility model, industrial design, or model, or for a patent of addition, and also includes each and every communication, drawing, document, or paper containing technical information, whether or not in the English language, which shall furnish in whole or in part the basis of any such application or which shall assist, cause or authorize the filing of such an application in any foreign country.

The term "amendment", as used in the petition for license, is used in its usual sense and also includes each and every communication, document, or paper which relates to any foreign application for patent, or for the registration of a utility model, industrial design, or model, and contains any technical data or information whether or not in the English language which upon translation, if necessary, or other modification is intended to be used as an amendment or as a basis for preparing an amendment, argumentative letter or supplement of any kind of such foreign application already filed. If the supplement is in the form of an application, such, for example, as an application of addition to a foreign patent or application, it is not an amendment, and Form DL1 should be used.

§ 3.3 Invention not made in United States. No license from the Commissioner of Patents is required if the invention was not made in the United States. Before filing an application or an amendment abroad relating to such an invention, however, it should be determined whether a license is required by any other Government agencies.

§ 3.4 Accompanying documents. The application or the amendment sought to be exported or filed in a foreign country

must accompany the petition. All documents enclosed which are in a foreign language must be accompanied by the original English text and a translator's affidavit to the effect that the foreign document is a true, faithful, and exact translation.

§3.5 No corresponding United States application. If the application to be filed in a foreign country does not contain the disclosure of any United States application whatsoever, a complete and properly identified copy in English must be filed for use and record of the Patent Office.

§ 3.6 "New matter" in amendment. If the amendment contains any matter or disclosure which is not in the original specification or in any of the amendments or the supplements already filed abroad, or already contained in printed publications, the petition must point out in detail all of this new matter.

$ 3.7 Copies of foreign applications Petitioner may be required to file verified copies of the foreign application to be amended, together with all amendments and supplements already filed in the foreign country.

§ 3.8 Affidavit. The affidavit in the petition will be executed by applicant, his or his assignee's attorney or agent.

§ 3.9 Enclosures. Necessary covering letters and other enclosures to accompany the application or amendment should be attached by clips to the petition. No responsibility can be assumed by the Government as to enclosures in the form of drafts, checks, or funds in any form. A list of all papers filed must be included in the petition.

§ 3.10 Envelope. The petition must be accompanied by a strong, flat, unsealed envelope of sufficient size to enclose the application or amendment and all of the accompanying material. This envelope must be properly addressed to the consignee in the foreign country of destination.

§3.11 Informal petitions returned. Each petition which is informal, incomplete, or not accompanied by required copies of applications, a proper affidavit or a suitable unsealed, properly addressed envelope will be returned with a check list indicating the deficiencies.

§3.12 License. When the petition is countersigned by an authorized officer of the Licensing Division and impressed with the seal of the Patent Office it becomes a license.

§3.13 Alteration of license. Any attempt to export any application or amendment differing in any manner from that licensed or any alteration of the license except by a duly authorized officer of the United States is punishable under appropriate acts of Congress.

§3.14 Licenses revocable. All licenses are subject to revocation without notice and are not transferable.

§3.15 Application mailed, license presented at post office. The application or amendment must be mailed at the designated post office within one year from the date of the license. The license must accompany the letter package containing the application or amendment and must be surrendered to the Postmaster for endorsement and forwarding to the Commissioner of Patents.

for copyright registration as "books" are not registrable as such. This is also true with respect to words, figures, symbols, etc., essential to the operation of such devices and instructions concerning their use if physically incorporated in such devices: Provided, That such instructions if not so incorporated and other material of itself copyrightable appearing on such instrument or tool but not essential to the operation thereof, will be registered in the Copyright Office if published with a copyright notice which does not purport to copyright the instrument or tool as such. (See section 29 of the Copyright Act.) Aug. 13, 1941; 6 F.R. 4146]

[As added