35 U.S.C. 132 — Notice of rejection; reexamination
Ninth Edition, Revision 01.2024
- (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) .
(Amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-560, 582 (S. 1948 secs. 4403 and 4732(a)(10)(A)); amended Sept. 16, 2011, Public Law 112-29, sec. 20(j) (effective Sept. 16, 2012), 125 Stat. 284.)
Cited authority
Cited by
- 101 General
- 1134 Third Party Inquiries and Correspondence in a Published Application
- 1411.02 New Matter
- 1503.01 Specification
- 1503.02 Drawing
- 1504.04 Considerations Under 35 U.S.C. 112
- 1605 Specification and Claim
- 1893.03(b) The Filing Date of a U.S. National Stage Application
- 201.06(c) 37 CFR 1.53(b) and 37 CFR 1.63(d) Divisional-Continuation Procedure
- 201.06(d) 37 CFR 1.53(d) Continued Prosecution Application (CPA) Practice
- 211.02 Reference to Prior Application(s)
- 211.02(a) Correcting or Adding a Benefit Claim After Filing
- 2120.02 Rejections Under 35 U.S.C. 102(a)(1) or Pre-AIA 35 U.S.C. 102(a) or (b): Knowledge by Others, or Public Use, or On Sale
- 2121 Prior Art; General Level of Operability Required to Make a Prima Facie Case
- 2141 Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103
- 2150 Examination Guidelines for 35 U.S.C. 102 and 103 as Amended by the First Inventor To File Provisions of the Leahy-Smith America Invents Act
- 2152 Detailed Discussion of AIA 35 U.S.C. 102(a) and (b)
- 2159.01 Applications Filed Before March 16, 2013
- 2159.02 Applications Filed on or After March 16, 2013
- 2163 Guidelines for the Examination of Patent Applications Under the 35 U.S.C. 112(a) or Pre-AIA 35 U.S.C. 112, first paragraph, “Written Description” Requirement
- 2163.06 Relationship of Written Description Requirement to New Matter
- 2165.01 Considerations Relevant to Best Mode
- 2187 Form Paragraphs for Use Relating to 35 U.S.C. 112(f) or Pre-AIA 35 U.S.C. 112, Sixth Paragraph
- 2254 Conduct of Ex Parte Reexamination Proceedings
- 2258 Scope of Ex Parte Reexamination
- 2270 Clerical Handling
- 2302 Consult an Interference Practice Specialist
- 2304.01(d) Sorting Claims
- 2304.04(b) Requiring a Claim
- 2304.05 Common Ownership
- 2404.03 Reference to a Deposit in the Specification
- 2406.01 Description in Application Specification
- 2411.01 Rejections Based on Deposit Issue
- 2422.07 Requirements for Compliance and Consequences of Non-Compliance
- 2720 Applications Filed Between June 8, 1995, and May 28, 2000
- 2730 Applications Filed on or After May 29, 2000; Grounds for Adjustment
- 2731 Period of Adjustment
- 2732 Reduction of Period of Adjustment of Patent Term
- 2920.05(c) Considerations Under 35 U.S.C. 112
- 502.03 Communications via Internet Electronic Mail (email)
- 601.01(d) Application Filed Without All Pages of Specification
- 601.01(g) Applications Filed Without All Figures of Drawings
- 608.01 Specification
- 608.01(b) Abstract of the Disclosure
- 608.01(n) Dependent Claims
- 608.01(p) Completeness of Specification
- 608.02 Drawing
- 608.04 New Matter
- 608.04(a) Matter Not Present in Specification, Claims, or Drawings on the Application Filing Date
- 704.10 Requirements for Information
- 704.13 Time Periods for Reply
- 706.07(g) Transitional After-Final Practice
- 706.07(h) Request for Continued Examination (RCE) Practice
- 707 Examiner’s Letter or Action
- 709 Suspension of Action
- 35 U.S.C. 41 Patent fees; patent and trademark search systems
- 35 U.S.C. 122 Confidential status of applications; publication of patent applications
- 35 U.S.C. 154 Contents and term of patent; provisional rights
- 35 U.S.C. 154 (pre-AIA) Contents and term of patent; provisional rights
- 35 U.S.C. 305 Conduct of reexamination proceedings
- 35 U.S.C. 305 (pre-AIA) Conduct of reexamination proceedings
- 35 U.S.C. 314 (pre-AIA) Conduct of inter partes reexamination proceedings
- 37 CFR 1.103 Suspension of action by the Office
- 37 CFR 1.114 Request for continued examination
- 37 CFR 1.701 Extension of patent term due to examination delay under the Uruguay Round Agreements Act (original applications, other than designs, filed on or after June 8, 1995, and before May 29, 2000)
- 37 CFR 1.702 Grounds for adjustment of patent term due to examination delay under the Patent Term Guarantee Act of 1999 (original applications, other than designs, filed on or after May 29, 2000)
- 37 CFR 1.702 (pre-2013-04-01) Grounds for adjustment of patent term due to examination delay under the Patent Term Guarantee Act of 1999 (original applications, other than designs, filed on or after May 29, 2000)
- 37 CFR 1.703 Period of adjustment of patent term due to examination delay
- 37 CFR 1.703 (2012-09-17 thru 2013-03-31) Period of adjustment of patent term due to examination delay
- 37 CFR 1.703 (pre-2012-09-17) Period of adjustment of patent term due to examination delay
- 37 CFR 1.704 Reduction of period of adjustment of patent term
- 37 CFR 1.704 (2015-03-10 thru 2020-07-15) Reduction of period of adjustment of patent term