Q: What file formats are accepted for submitting reproductions in international design applications through EFS-Web?

According to MPEP 2909.02(a) , reproductions in international design applications can be submitted through EFS-Web as PDF or JPEG files. The MPEP states: "Reproductions may be submitted through EFS-Web as PDF or JPEG files as set forth below." It's important to note that these files must meet specific technical requirements, which can be found on the International Bureau's website. To learn more: EFS-Web file formats international design applications reproductions PDF JPEG

Question 1

What file formats are acceptable for submitting biological sequence listings?

Accepted Answer

The acceptable file formats for submitting biological sequence listings in patent applications are:

ASCII text files
PDF files (for submissions up to 100MB)

MPEP 608.05(c) states: "Sequence listings may be submitted in electronic form via EFS-Web or PatentCenter as ASCII text files or PDF files up to 100 megabytes."

It's important to note that ASCII text format is preferred and required for larger submissions. PDF format is acceptable only for smaller submissions up to 100MB. When submitting on read-only optical discs for files over 100MB, the sequence listing must be in ASCII text format.

Ensure that the sequence listing complies with the requirements set forth in 37 CFR 1.821-1.825 regardless of the file format used.

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Question 2

How is the language of free text qualifiers indicated in a Sequence Listing XML?

Accepted Answer

The language of free text qualifiers in a Sequence Listing XML is indicated using specific attributes in the root element. According to the MPEP, which cites WIPO Standard ST.26, paragraph 43, there are two relevant attributes:

originalFreeTextLanguageCode: This attribute indicates "The language code (see reference in paragraph 9 to ISO 639-1:2002) for the single original language in which the language-dependent free text qualifiers were prepared."
nonEnglishFreeTextLanguageCode: This attribute is used for "The language code (see reference in paragraph 9 to ISO 63901:2002) for the NonEnglishQualifier_value elements."

The originalFreeTextLanguageCode is optional, while the nonEnglishFreeTextLanguageCode is "Mandatory when a NonEnglishQualifier_value element is present in the sequence listing."

These attributes ensure that the language of free text qualifiers is properly identified, which is crucial for international patent applications and proper interpretation of the sequence listing.

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Question 3

What USPTO search and information resource facilities are accessible to the public?

Accepted Answer

The USPTO provides several search and information resource facilities that are accessible to the public:

Public Search Facility:
- Location: Madison East, first floor, 600 Dulany St., Alexandria, VA 22314
- Phone: 571-272-3275
- Hours: Weekdays, 8:00 a.m. to 8:00 p.m., ET
Scientific and Technical Information Center (STIC):
- Main Library: Remsen Bldg., first floor, 400 Dulany St., Alexandria, VA 22314 (Phone: 571-272-3547)
- Biotech/Chemical Library: Remsen 1D58 (Phone: 571-272-2520)
- Hours: Weekdays, 8:30 a.m. to 5:00 p.m., ET
Application Assistance Unit (AAU):
- Email: HelpAAU@uspto.gov
- Phone: 571-272-4000 or toll-free at 888-786-0101
- Hours: Weekdays, 8:30 a.m. to 5 p.m., ET

These facilities provide valuable resources for patent searchers, researchers, and the general public interested in patent information.

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Question 4

How can I obtain a copy of a "Sequence Listing" for a patent or patent application?

Accepted Answer

There are several ways to obtain a copy of a "Sequence Listing":

Download it from the USPTO sequence homepage.
Request and pay for an electronic copy through the Patent and Trademark Copy Fulfillment Branch.
For patents mailed to applicants, the Office includes a copy of the "Sequence Listing" on an electronic medium if it's not printed in the patent.

The MPEP states: If an applicant desires an electronic copy of a "Sequence Listing", applicant may either download the "Sequence Listing" from the USPTO sequence homepage ( https://seqdata.uspto.gov/ ) or specifically request and pay for the electronic copy through the Patent and Trademark Copy Fulfillment Branch of the Public Records Division.

To learn more:

Question 5

What file formats are accepted for submitting reproductions in international design applications through EFS-Web?

Accepted Answer

According to MPEP 2909.02(a), reproductions in international design applications can be submitted through EFS-Web as PDF or JPEG files. The MPEP states:

"Reproductions may be submitted through EFS-Web as PDF or JPEG files as set forth below."

It's important to note that these files must meet specific technical requirements, which can be found on the International Bureau's website.

To learn more:

Question 6

How can a serious search burden be demonstrated in a restriction requirement?

Accepted Answer

A serious search burden on the examiner can be prima facie shown through appropriate explanation of:

Separate classification
Separate status in the art
A different field of search

The MPEP 803 states:

"For purposes of the initial requirement, a serious search burden on the examiner may be prima facie shown by appropriate explanation of separate classification, or separate status in the art, or a different field of search as defined in MPEP § 808.02."

These explanations provide a basis for demonstrating that searching for both inventions would require additional effort and resources, justifying the restriction requirement.

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