time. The manual and subscriptions for the substitute pages are sold by the Superintendent of Documents.

(g) Classification bulletins. The various changes and advances in classification made during each six months period are collected and published in a bulletin which gives all these changes as well as the definitions of new and revised classes and subclasses. These bulletins are sold by the Superintendent of Documents.

(h) Patent laws. This compilation of the patent laws in force is furnished free of charge by the Commissioner of Patents, revised editions being published from time to time.

(i) Rules of practice of the United States Patent Office. This publication contains the rules in force governing the procedure in the Patent Office which have been adopted by the Commissioner under the authority of the patent statutes and approved by the Secretary of Commerce, and which are also codified in Part 1 of this chapter. It also contains an appendix of forms. It is issued for free distribution by the Commissioner and revised editions are published from time to time.

(j) United States statutes concerning registration of trade-marks and the rules of the Patent Office relating thereto. This pamphlet is also distributed free of cost by the Commissioner of Patents. It contains the text of the trade-mark laws, the rules of the Patent Office governing the registration of trade-marks (which are also codified in Part 5 of this chapter), and forms.

(k) General information concerning patents. This pamphlet contains a large amount of general information concerning the granting of patents expressed in non-technical language for the layman. It is distributed free on request.

(1) General information about protection of trade-marks. This pamphlet serves the same purpose with reference to trade-marks as the preceding does with respect to patents.

(m) Other publications. The publications listed are those published regularly and currently, those no longer published and those only issued on occasion not being listed. Circulars of information on particular subjects are also issued to answer particular inquiries.

§ 10.28 Outline of procedure in obtaining patents. (a) The obtaining of

a patent is initiated by the filing of an application in the Patent Office. The application includes a complete description of the invention, claims defining the invention, a drawing in each case admitting of a drawing, an oath, and a filing fee, and must comply with various requirements. The application must be made by the inventor with the papers signed and the oath sworn to by him (unless he is dead or insane). The application is forwarded to the appropriate examining division where, when its turn is reached, it is examined. The application is studied and a search is made through all prior United States patents, and also through patents of foreign countries and publications to find out if the invention is new. A decision is reached, in the light of the study and the results of the search, as to the patentability of the invention or the claims presented and also as to various formal matters. The decision is communicated to the applicant. If adverse, the applicant may ask for reconsideration with or without amending. The application is then re-examined and reconsidered and the result again communicated to the applicant. Further reconsideration of the application may be given.

(b) If the final decision of the examiner is adverse to the granting of a patent, or any of the claims presented, the applicant may appeal to the Board of Appeals and is entitled to an oral hearing. From the decision of the Board of Appeals an appeal may be taken to the United States Court of Customs and Patent Appeals or a civil action may be brought against the Commissioner of Patents in the United States District Court for the District of Columbia. Matters of form and procedure may be reviewed on petition to the Commissioner.

(c) The various responses and actions which an applicant may take are governed by time limits fixed by or under the statute and rules and an application is abandoned by failure to reply or take appropriate action within the specified times. An abandoned application may be revived as a pending application by the Commissioner if the delay was unavoidable.

(d) If there are two or more applications for a patent for the same invention, an interference proceeding to determine who is the prior inventor and entitled to the patent is instituted by the examiner,

who also decides certain preliminary questions relating to the interference. An interference may also be declared between a pending application and an unexpired patent under certain conditions. The question of priority of invention is determined by a board of three interference examiners and their decision is reviewable by the courts, either by an appeal to the United States Court of Customs and Patent Appeals or by a civil action in a United States District Court.

(e) When it has been decided that a patent is to be granted, the applicant is sent a notice of allowance and if the final fee, due within six months, is paid, the patent is granted in due course. If the final fee is not paid, the patent is not granted, but the fee may be accepted late upon petition to the Commissioner accompanied by a petition fee and a verified statement provided the delay does not exceed one year.

(f) The prosecution of an application for patent must be conducted in writing and the personal attendance of applicants is not required and is unnecessary. Applicants may arrange for interviews with examiners at such times within office hours as the examiners may designate.

(g) An applicant for a patent may prosecute his own case, but he is entitled to be, and usually is, represented by an attorney or agent. No person may represent applicants before the Patent Office unless he is registered in the Patent Office as an attorney or agent, or authorized and recognized to prosecute a particular case. The registration of attorneys and agents is conducted by a committee on enrollment and disbarment.

(h) The Rules of Practice, setting forth the requirements and the procedure in detail are published separately and also codified in Part 1 of this chapter.

§ 10.29 Outline of procedure in registering trade-marks. (a) The procedure in trade-mark cases before the trademark examiner generally follows that in patent cases. An application for registration must be filed in accordance with the requirements of the statute and rules and the application is then examined to determine if the trade-mark can be registered under the law. Interferences are declared between conflicting applications to register substantially the same mark. When a trade-mark is found registrable, it is published in the Official

Gazette and any person who believes he would be damaged thereby may oppose the registration. Any person deeming himself injured by a registered trademark may apply to cancel the registration. Interference, opposition and cancellation proceedings are decided by an Examiner of Trade-Mark Interferences. Appeal may be taken to the Commissioner from the decision of the examiner refusing to register a trade-mark and from the decision of the Examiner of Trade-Mark Interferences. The decision of the Commissioner is subject to review by the courts either by appeal or by a civil action.

(b) Rules of Practice, setting forth the requirements and the procedure in detail are published separately and also codified in Part 5 of this chapter.

§ 10.30 Records and information. Applications for patent are not open to the public and information concerning them is not given except on authority of the applicant, or when necessary to the conduct of business as provided by the rules, or when required or made necessary by a statute. Selected decisions rendered by the Commissioner or the Board of Appeals in applications may be made public. Patents and trade-mark registrations and the records relating to the same including any decisions therein, the records of assignments, books, and other records and papers in the office are open to the public and may be inspected in the Patent Office or copies may be ordered. Printed copies of patents and trade-mark registrations are sold by the Patent Office, some publications are sold by the Superintendent of Documents, and other publications are distributed free on request by the Patent Office. When information is requested it is furnished either by answering the inquiry or by providing or calling attention to an appropriate publication. The office can not respond to inquiries concerning the novelty and patentability of an invention or the registrability of a trade-mark in advance of the filing of an application, nor to inquiries propounded with a view to ascertaining whether any alleged invention has been patented or trade-mark registered, and, if so, to whom. All letters and other communications for the Patent Office must be addressed to the Commissioner of Patents. A schedule of fees and prices in cases where they are required is set out in §§ 1.191 and 5.82 of this chapter.

Part

200 201 203

Organization.

[Added]

[Added]

PART 200-ORGANIZATION [ADDED]

Sec.

200.1 General organization.

200.2 Communicating with Copyright Office. 200.3 Publications of Copyright Office.

AUTHORITY: §§ 200.1 to 200.3, inclusive, issued under 35 Stat. 1075, as amended, Pub. Law 404, 79th Cong., 60 Stat. 237; 17 U.S.C. 1 et seq., 5 U.S.C., Sup., 1001 et seq.

SOURCE: $ 200.1 to 200.3, inclusive, contained in Statement of Organization, Register of Copyrights, approved by the Acting Librarian of Congress, Aug. 28, 1946, effective Sept. 11, 1946, 11 F.R. 177A-588.

(a)

§ 200.1 General organization. The Copyright Office is located in the Library of Congress, Washington 25, D. C. The executive officers of the Copyright Office are the Register of Copyrights, the Associate Register of Copyrights, and the Assistant Register of Copyrights who are assisted by a legal staff. The work of the Office is carried on through several divisions, consisting in each case of a chief and staff.

(b) The powers and duties of the Register and the statutory provision for the appointment of the Register and such subordinate assistants to the Register as may from time to time be authorized by law are contained in the Copyright Act (35 Stat. 1075, as amended; 17 U.S.C., and Sup., 1-64).

§ 200.2 Communicating with Copyright Office. Mail and other communications to the Copyright Office should

be addressed to, and fees made payable to, the Register of Copyrights.

§ 200.3 Publications of Copyright Office. The Copyright Office publishes the "Catalog of Copyright Entries", "Copyright Law of the United States of America", "Decisions of the United States Courts Involving Copyright" and occasionally other publications. These may be obtained from the Superintendent of Documents, Government Printing Office, Washington 25, D. C., for a small charge. In addition to these publications the Copyright Office also publishes and itself supplies without charge applications for copyright registration and numerous circulars furnishing information relating to copyright and how to obtain copyright registration.

PART 201-REGISTRATION OF CLAIMS TO COPYRIGHT

Sec.

201.12 Application forms. [Amended]

§ 201.12 Application forms.

In addition to the application forms listed above the Copyright Office has issued the following forms which may be used, when applicable, instead of one of the above forms:

Class A. Application for registration of a claim to copyright in a book published in the United States of America.

Class A, Foreign. Application for registration of a claim to copyright in a book first

published outside the United States of America.

Class B. Application for registration of claim to copyright in a periodical published in the United States of America.

Class E. Application for registration of a claim to copyright in a musical composition.

CODIFICATION: The text set forth above was added at the end of § 201.12, by Regulation, Register of Copyrights, approved by the Librarian of Congress, June 21, 1946, 11 F.R. 7346.

The Copyright Office will issue commencing October 9, 1946, a revised Form KK' for applications and certificates for the registration of claims to copyright in prints or labels used for articles of merchandise. [Undesignated paragraph added, approved Oct. 3, 1946, 11 F.R. 11706]

203.1 Registration of claims to copyright. 203.2 Recordation of assignment of copyright.

203.3 Recordation of notice of user of musical composition.

203.4 Catalog of copyright entries.
203.5 Searches and information.
203.6 Copyright deposits.
203.7

Additional certificates of registration
and certified copies of recorded
assignments.

AUTHORITY: §§ 203.1 to 203.7, inclusive, issued under 35 Stat. 1075, as amended, Pub. Law 404, 79th Cong., 60 Stat. 237; 17 U.S.C. 1 et seq., 5 U.S.C., Sup., 1001 et seq.

SOURCE: §§ 203.1 to 203.7, inclusive, issued under Statement of Functions and Procedures, Register of Copyrights, approved by the Acting Librarian of Congress, Aug. 28, 1946, effective Sept. 11, 1946, 11 F.R. 177A-589.

§ 203.1 Registration of claims to copyright. The Copyright Office registers copyright claims upon compliance with the provisions of the Copyright Act (17 U.S.C. 1-65 and 17 U.S.C., Sup., 8) including the filing of an application for registration, the deposit of copy or copies and the payment of the statutory fee. After the recordation of the copyright claim, a certificate of registration is issued. (For information concerning the various classes of works subject to copyright, the procedure to secure copyright and to obtain applications for registration of copyright claims, see 37 CFR and Supps., Parts 201 and 202.

§ 203.2 Recordation of assignment of copyright. The Copyright Office records Filed as part of original document.

assignments of copyright as provided by the Copyright Act, including the payment of the statutory recordation fee. (See 17 U.S.C. 41-46, 61; 37 CFR and Cum. Supp., 201.22).

§ 203.3 Recordation of notice of user of musical composition. The Copyright Office records notices of use of musical compositions upon the parts of instruments serving to reproduce the music mechanically. (See 17 U. S. C. 1, 25, and 61; 37 CFR 201.23.)

§ 203.4 Catalog of copyright entries. The Copyright Office compiles catalogs of copyright entries as provided by sections 56, 57, and 60 of the Copyright Act (17 U.S.C. 56, 57 and 60).

§ 203.5 Searches and information. Upon application and payment of statutory fee to the Register of Copyrights a search of the records, indexes and deposits will be made for such information as they may contain relative to copyright claims. (For further instructions, see 37 CFR 201.25.) Information of a general nature relative to copyright matters will be supplied without charge. The Copyright Act, however, does not contain any provision authorizing the Office to give legal opinions concerning the rights which any particular person may have in a case of alleged infringement, contracts between publisher and author, or other matters of a similar nature.

§ 203.6 Copyright deposits. (a) As a general rule, copyright deposits are retained in the Copyright Office or transferred to the collections of the Library of Congress. (For statutory provisions in reference to copyright deposits, see 17 U. S. C. 51, 54-56, 58-60 and the provisions referring to the deposit of copies, 17 U. S. C. 10-14, 21 and 22.)

(b) Copies of copyright deposits can be made with the permission of the copyright owner. The Office will also make copies when authorized by a court. (For information regarding the Photoduplication Service of the Library of Congress, see §§ 300.24 and 301.24 of Title 44, infra.)

§ 203.7 Additional certificates of registration and certified copies of recorded assignments. The Office will supply additional certificates of registration and certified copies of recorded assignments upon payment of the fee prescribed in section 61 of the Copyright Act (17 U. S. C. 61).