Question 1

How should an examiner handle information about areas of search submitted by an applicant?

Accepted Answer

When an applicant submits information about areas of search, the examiner must consider this information and clearly indicate which areas were used and which were not used in performing the search. The MPEP provides specific guidance:

"Information constituting identification of areas of search must be considered and the examiner must indicate which areas were used and which areas were not used in performing a search. The examiner must record in the appropriate sections of the 'Search Notes' form the areas in which the search for prior art was made."

This requirement ensures transparency in the examination process and allows applicants to understand the scope of the examiner's search. Examiners should carefully document their search strategy, including both the areas suggested by the applicant that were searched and those that were not, along with their reasons for these decisions.

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Question 2

How is an interim copy of a foreign application different from a certified copy?

Accepted Answer

An interim copy of a foreign application serves as a temporary substitute for a certified copy but does not replace the requirement for a certified copy. The key differences are:

An interim copy can be from the applicant's own records, while a certified copy must be from the foreign patent office.
An interim copy satisfies the initial time requirement in 37 CFR 1.55(f), but a certified copy is still required.
An interim copy is labeled as 'Interim Copy,' while a certified copy has official certification from the foreign patent office.

The MPEP clarifies:

'Thus, providing an interim copy of a foreign application under 37 CFR 1.55(j) satisfies the requirement for a certified copy of the foreign application to be filed within the time limit set forth in 37 CFR 1.55(f), but a certified copy of the foreign application must still be filed during the pendency of the application, unless filed with a petition under 37 CFR 1.55(e), (f), or (g) as appropriate.'

In essence, the interim copy is a temporary measure to meet deadlines, while the certified copy remains a formal requirement.

For more information on certified copy, visit: certified copy.

For more information on foreign application, visit: foreign application.

For more information on interim copy, visit: interim copy.

For more information on patent procedure, visit: patent procedure.

Question 3

What are the consequences of including offensive content in a patent application?

russ.krajec@blueironip.com · Accepted Answer

Including offensive content in a patent application can have significant consequences. According to MPEP 608:

The examiner will object to the offensive language or drawings.
The application will not be classified for publication under 35 U.S.C. 122(b).
The examiner will not pass the application to issue until the offensive content is removed.

The MPEP states, "An application should not be classified for publication under 35 U.S.C. 122(b) and an examiner should not pass the application to issue until such language or drawings have been deleted, or questions relating to the propriety thereof fully resolved." This policy ensures that federal government publications maintain appropriate standards of decorum and courtesy.

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Question 4

How should an interim copy of a foreign application be submitted electronically?

Accepted Answer

Submitting an interim copy of a foreign application electronically involves specific procedures. The MPEP provides guidance:

'If not provided as a single paper document, the main parts of the interim copy of the foreign priority application, i.e., Abstract, Drawings, Specification, Claims, and where applicable, the foreign patent office's equivalent to a "Sequence Listing" (see MPEP § 2421.01), a "Sequence Listing XML" (see MPEP § 2412), "Large Tables" (see MPEP § 608.05(b)), or a "Computer Program Listing Appendix" (see MPEP § 608.05(a)), along with the separate cover sheet required by 37 CFR 1.55(j), may be filed as a single PDF image file via the USPTO patent electronic filing system.'

Key points for electronic submission:

File as a single PDF image file when possible
Use the document description 'Interim Copy of the Foreign Priority Application' when indexing
For plain text files, use the description 'Interim Copy of the Foreign Priority (text file)'
XML files, like Standard ST.26 Sequence Listings, should be filed on a read-only optical disc

Proper indexing and file format selection are crucial for successful electronic submission.

For more information on electronic submission, visit: electronic submission.

For more information on foreign application, visit: foreign application.

For more information on interim copy, visit: interim copy.

For more information on patent procedure, visit: patent procedure.

Question 5

What are the file size limitations for biological sequence listings in patent applications?

Accepted Answer

The file size limitations for biological sequence listings in patent applications are as follows:

Sequence listings up to 100KB can be included in the specification or submitted as a text file via EFS-Web or PatentCenter.
Sequence listings between 100KB and 100MB can be submitted as ASCII text files or PDF files via EFS-Web or PatentCenter.
Sequence listings larger than 100MB must be submitted on read-only optical discs.

According to MPEP 608.05(c): "Sequence listings may be submitted in electronic form via EFS-Web or PatentCenter as ASCII text files or PDF files up to 100 megabytes, and on read-only optical discs when the sequence listing file size is over 100 megabytes."

It's important to note that these size limitations ensure efficient processing and storage of sequence listings while accommodating various file sizes.

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Question 6

What are the requirements for submitting an IDS electronically?

Accepted Answer

Electronic submission of an Information Disclosure Statement (IDS) is limited to specific methods and formats. The MPEP states:

'Electronic means or medium for filing IDSs are not permitted except for: (A) IDSs electronically submitted using the USPTO patent electronic filing system (see MPEP § 609.07); or (B) copies of large tables, computer program listings, and sequence listings submitted as a PDF file and a "Sequence Listing XML" submitted as an XML file on a read-only optical disc in compliance with 37 CFR 1.52(e)(2) and (3) which are cited in a paper IDS.' (MPEP 609.04(a))

Key points for electronic IDS submission:

Use the USPTO patent electronic filing system for general IDS submissions
Large tables, computer program listings, and sequence listings can be submitted as PDF files
"Sequence Listing XML" must be submitted as an XML file on a read-only optical disc
A read-only optical disc cannot be used to submit an IDS listing or copies of documents (except for the items mentioned above)
Published information, such as software output or videos, must be reduced to writing (e.g., screen shots, transcripts)

It's important to follow these guidelines to ensure proper processing of your IDS by the USPTO.

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How should an examiner handle information about areas of search submitted by an applicant?

How is an interim copy of a foreign application different from a certified copy?

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How should an interim copy of a foreign application be submitted electronically?

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What are the file size limitations for biological sequence listings in patent applications?

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