35 U.S.C. § 204 — Preference for United States (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 204 Preference for United States
This page consolidates MPEP guidance interpreting 35 U.S.C. § 204, including 2 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section mandates the inclusion of sequence listings in international applications filed before July 1, 2022, with appropriate headings to ensure compliance and adhere to MPEP guidelines.
What this section covers
- This section covers the requirement to include sequence listings in international applications filed before July 1, 2022.
Key obligations
- Practitioners must include sequence listings in international applications filed before July 1, 2022.
- Use the appropriate headings 'Sequence Listing' and 'Sequence Listing Free Text' in the application.
Practice notes
- Ensure that the sequence listing is included in the application as a separate document or within the specification, depending on the filing date and format requirements.
- Be aware that for applications filed after June 30, 2022, sequence listings are not required unless specifically mandated by the filing country's regulations.
Official MPEP § 204 — Preference for United States
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 204 Preference for United States industry.
Notwithstanding any other provision of this chapter, no small business firm or nonprofit organization which receives title to any subject invention and no assignee of any such small business firm or nonprofit organization shall grant to any person the exclusive right to use or sell any subject invention in the United States unless such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency under whose funding agreement the invention was made upon a showing by the small business firm, nonprofit organization, or assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible.
(Added Dec. 12, 1980, Public Law 96-517, sec. 6(a), 94 Stat. 3023.)