37 C.F.R. § 1.2
Business to be transacted in writing
All business with the Patent and Trademark Office should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and Trademark Office is unnecessary. The action of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.
Notes of Decisions
Cited in 22
cases (1 in the last 5 years), 1963–2024 · leading case: Rohm & Haas Co. v. Crystal Chem. Co., 722 F.2d 1556 (Fed. Cir. 1983).
Rohm & Haas Co. v. Crystal Chem. Co., 722 F.2d 1556 (Fed. Cir. 1983). “Because all business with the PTO is to be transacted in writing and its actions must be based exclusively on the written record, 37 CFR 1.2, this question of fact should never be difficult to resolve.”
Litton Sys., Inc. v. Whirlpool Corp., 728 F.2d 1423 (Fed. Cir. 1984). “” 37 C.F.R. § 1.2 (emphasis supplied). Applicants may, of course, conduct oral interviews with examiners under some circumstances.”
In re Coordinated Pretrial Proceedings in Antibiotic Antitrust Actions. Pfizer, Inc. v. Int'l Rectifier Corp., 538 F.2d 180 (8th Cir. 1976). “Although the defendants contend that under Patent Office Rules 2 and 133, 37 C.F.R. §§ 1.2 , 1.133 (1961), all information must be submitted to the Patent Office in writing, it appears that the practice is not so restrictive and that many items are discussed with the patent…”
McKesson Info. Solutions, Inc. v. Bridge Med., Inc., 487 F.3d 897 (Fed. Cir. 2007). “1972)), and PTO regulations required all disclosures to be in writing, 37 C.F.R. § 1.2 ; see also MPEP § 2002.02 (5th ed.”
Struthers Pat. Corp. v. Nestle Co., 558 F. Supp. 747 (D.N.J. 1981). “, 37 C.F.R. §§ 1.2 , 1.111, 1.133. The official action of the examiner issued after the interview did not, as Struthers contends, constitute compliance with these rules.”
In re Jeffrey M. Sullivan & Daniel Anthony Gately, 362 F.3d 1324 (Fed. Cir. 2004). “610 (d), which permits conferences between the administrative patent judge and the parties in an interference and allows the judge to enter appropriate orders after such conferences, is in conflict with 37 C.F.R. § 1.2 , which states that “[a]ll business with the Patent and…”
Stand. Mfg. Co. v. United States, 25 Cl. Ct. 1 (Ct. Cl. 1991). “Our intent was to do exactly the opposite of that.” Mr. Carr stated that in the second interview with the Patent & Trademark Office, he discussed and showed the Examiners a large scale version of the drawing submitted with the Prior Art Statement.”
Sperry v. Florida ex rel. Florida Bar, 373 U.S. 379 (1963). “Compare 37 CFR § 1.2 . 13 Roster of Attorneys and Agents Registered to Practice Before the U.”
Li Second Fam. Ltd. P'ship v. Toshiba Corp., 231 F.3d 1373 (2d Cir. 2000). “1984) (citing 37 C.F.R. § 1.2 ). It is the responsibility of the applicant to ensure that the substance of any interview with the examiner is included in the written record of the application, unless the examiner indicates that he will do so.”
Sterne Kessler Goldstein & Fox, P.L.L.C. v. Eastman Kodak Co., 276 F.R.D. 376 (D.D.C. 2011). “1, at 4; see also 37 C.F.R. § 1.2 (“All business with the [USP-TO] should be transacted in writing----The action of the Patent and Trademark Office will be based exclusively on the written record in the Office.”
In re Dien, 680 F.2d 151 (C.C.P.A. 1982). “The PTO opposes the motion, pointing out that 37 CFR 1.2 says that all business with the PTO should be in writing and also says “The action of the Patent and Trademark Office will be based exclusively on the written record in the Office.”
Kothmann Enter., Inc. v. Trinity Indus., Inc., 455 F. Supp. 2d 608 (S.D. Tex. 2006). “The action of the [PTO] will be based exclusively on the written record in the Office.”
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