A guidance document is an agency statement of general applicability and future effect, other than a regulatory action, that sets forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation. Guidance documents are intended to provide helpful information to the public, such as clarifying obligations under an existing law or regulation, or providing information on agency procedures. Guidance documents do not, however, themselves impose obligations on the public.
Please note that the contents of these guidance documents do not have the force and effect of law and are not meant to bind the public in any way. These documents are intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
Individual guidance documents that are subsequently incorporated into compilation guidance (such as the MPEP or TMEP) will be removed from this page. Additionally, when revisions to guidance documents are issued, older guidance documents will be removed from this page.
The guidance documents found on this page include any Small Entity Compliance Guides that were prepared pursuant to section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). In addition, consistent with the purposes of SBREFA, the USPTO has established a policy prohibiting retaliatory actions by its employees against regulated entities, which is found below.
Non-Retaliation Policy
The Office of the National Ombudsman of the Small Business Administration (SBA) has asked all Federal agencies to make clear that, if a small business requests Ombudsman assistance on a matter or otherwise questions or complains about a Federal agency action, the agency will not retaliate in response.
The USPTO is committed to fair regulatory practices and supports the right of the regulated community to raise concerns about regulatory actions without the fear of retaliation. We take such concerns and allegations very seriously and strive to avoid even the appearance of impropriety. A complaint to the Ombudsman will not stop or delay investigations and legal or administrative proceedings as part of the USPTO’s ongoing responsibility to enforce relevant Federal laws.
Right to Comment to the Small Business Administration
Small entities may comment about the USPTO’s regulatory practices to the Office of the National Ombudsman, Small Business Administration (www.sba.gov/ombudsman) by email at ombudsman@sba.gov or mail at Small Business Administration, Office of the National Ombudsman, 409 Third St., SW, Washington, D.C. 20416.
Patent-related guidance documents
Manual of Patent Examining Procedure (MPEP)
The MPEP provides USPTO patent examiners, applicants, attorneys, agents and representatives of applicants with a reference work on the practices and procedures relative to the prosecution of patent applications before the USPTO.
- MPEP ninth edition (issued June 2020) [USPTO-P-1]
Patent subject matter eligibility
- Memorandum re: Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals (issued June 7, 2018) [USPTO-P-2]
- Memorandum re: Berkheimer v. HP Inc. (issued April 19, 2018) [USPTO-P-3]
35 U.S.C. 102
- Memorandum re: Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. Concerning the Phrase “On Sale” in AIA 35 U.S.C. 102(a)(1) (issued February 19, 2019) [USPTO-P-4]
- Memorandum re: Critical reference date under pre-AIA U.S.C. 102(e) of a U.S. patent or U.S. published application claiming the benefit of a prior U.S. provisional application during examination of an application (issued April 5, 2018) [USPTO-P-5]
35 U.S.C. 103
- Examination Guidelines Update: Developments in the Obviousness Inquiry After KSR v. Teleflex (issued August 20, 2010) [USPTO-P-6]
Written description
- Clarification of Written Description Guidance for Claims Drawn to Antibodies and Status of 2008 Training Materials (issued February 22, 2018) [USPTO-P-7].
Separate maintenance fee payments during reissue
- Original Utility Patents Not Surrendered by Reissue and All Reissue Patents in the Reissue Patent Family Require Separate Maintenance Fee Payments (issued January 30, 2018) [USPTO-P-8]
Patent term adjustment
- Patent Term Adjustment Procedures in View of the Federal Circuit Decision in Supernus Pharm., Inc. v. Iancu (issued May 3, 2019) [USPTO-P-9]
- Interim Procedure for Requesting Recalculation of the Patent Term Adjustment With Respect to Information Disclosure Statements Accompanied by a Safe Harbor Statement (issued October 30, 2018) [USPTO-P-10]
Accelerated examination
- Accelerated examination guidance (issued August 2006) [USPTO-P-11]
Patent Cooperation Treaty
- Patent Cooperation Treaty guidance webpage [USPTO-P-12]
Hague Agreement
- Hague Agreement concerning the international registration of industrial designs (issued May 13, 2015) [USPTO-P-13]
Petitions
- Petitions guidance webpage and FAQs [USPTO-P-14]
Electronic filing and processing
- Updated Legal Framework for Patent Electronic System (issued October 18, 2019) [USPTO-P-15]
Filing documents during an outage
- Filing documents during an outage webpage [USPTO-P-16]
- Filing Patent Applications Electronically During Designated Significant Outages of the United States Patent and Trademark Office Electronic Business Systems (issued August 27, 2018) [USPTO-P-17]
Track 1 or Prioritized Examination
After Final Consideration Program 2.0
- After Final Consideration Pilot 2.0 webpage and guidelines (issued May 16, 2013) [USPTO-P-19]
Quick Path Information Disclosure Statement
- QPIDS program FAQs, quick start guide and program information (issued May 3, 2012) [USPTO-P-20]
Patent Fees
- Setting and Adjusting Patent Fees during Fiscal Year 2020, Small Entity Compliance Guide (issued August 3, 2020) [USPTO-F-1]
Patent Trial and Appeal Board (PTAB)-related guidance documents
America Invents Act Trial Practice Guide (TPG)
The TPG apprises the public of standard practices before the PTAB during trial proceedings under the Leahy-Smith America Invents Act.
- PTAB Consolidated Trial Practice Guide (issued November 2019) [USPTO-PTAB-1]
Options for amendments in AIA trials
- Notice Regarding Options for Amendments by Patent Owner Through Reissue or Reexamination During a Pending AIA Trial Proceeding (issued April 2019) [USPTO-PTAB-2]
Appeals
- Responding to New Grounds of Rejection in an Examiner’s Answer (issued November 30, 2015) [USPTO-PTAB-3]
Designation and De-Designation of Decisions as Precedential or Informative
- Standard Operating Procedure 2, Revision 11 (issued July 24, 2023) [USPTO-PTAB-4]
Oral hearings before PTAB
- Guide to the administration of oral hearings before PTAB (issued June 2024) [USPTO-PTAB-5]
35 U.S.C. § 112
- Memorandum re: Approach To Indefiniteness Under 35 U.S.C. § 112 In AIA Post-Grant Proceedings (issued January 6, 2021) [USPTO-PTAB-6]
Trademark-related guidance documents
Trademark Manual of Examining Procedure (TMEP)
The TMEP provides trademark examining attorneys in the USPTO, trademark applicants, and attorneys and representatives for trademark applicants with a reference work on the practices and procedures relative to prosecution of applications to register marks in the USPTO. It contains guidelines for Examining Attorneys and materials in the nature of information and interpretation, and outlines the procedures which Examining Attorneys are required or authorized to follow in the examination of trademark applications.
Trademark examination guides
Between updates to the TMEP, the USPTO occasionally provides guidance about a particular issue through the issuance of an Examination Guide. Typically, as to that issue, the Examination Guide supersedes the current edition of the TMEP to the extent any inconsistency exists and the guidance contained therein is usually incorporated into the next edition of the TMEP.
Trademark fees
We review our fees, costs, and revenues every two years to ensure we can recover the aggregate costs of trademark operations. For a full list of all trademark fees, including for applications and registrations, see our USPTO fee schedule page.
Trademark Trial and Appeal Board (TTAB)-related guidance documents
Trademark Trial and Appeal Board Manual of Procedure (TBMP)
The TBMP provides stakeholders with basic information generally useful for litigating trial cases before the TTAB and for taking appeals from an examining attorney’s refusal to register a mark. The manual describes current practice and procedure under the applicable authority and incorporates amendments to the Trademark Rules of Practice, Trademark Act and Federal Rules, and updates in case law.
- Trademark Trial and Appeal Board Manual of Procedure (issued June 2019) [USPTO-TTAB-1]
TTAB proceedings
- TTAB Standard Protective Order (issued February 2020) [USPTO-TTAB-2]
- TTAB Phone Conferencing Guidelines (issued May 2000) [USPTO-TTAB-3]
- TTAB Accelerated Case Resolution (issued December 2011) [USPTO-TTAB-4]
Enrollment and Discipline-related documents
Becoming a patent practitioner
Petitions to modify or withdraw a particular USPTO guidance document may be submitted by email at GuidanceDocuments@uspto.gov. Petitions should identify the specific guidance document by document name and ID number and include your reason(s) for requesting withdrawal or modification. If a response is sought, petitions should also include contact information.