Q: How should reproductions be attached in EFS-Web for international design applications?

According to MPEP 2909.02(a) , there are two main ways to attach reproductions in EFS-Web for international design applications: "Attach Reproductions" section: This is the preferred method for single-page PDF or JPEG files. The MPEP states: "Reproductions may be submitted as single page PDF or JPEG files by attaching the file(s) using the "Attach Reproductions" section of the "Attach Documents" screen." "Attach Documents other than Reproductions" section: This can be used for PDFs, including multi-page PDFs. However, the MPEP warns: "Attaching compliant reproductions via the "Attach Reproductions" section, rather than the "Attach Documents other than Reproductions" section, may help to avoid incurring additional per page publication fees that might otherwise be required by the International Bureau." It's important to choose the appropriate method to avoid potential additional fees and ensure proper processing of your application. To learn more: EFS-Web reproductions international design applications attachment methods file submission

Question 1

What happens if consonance is lost in a divisional application?

Accepted Answer

If consonance is lost in a divisional application, it doesn't automatically result in a double patenting rejection. The MPEP, citing Applied Materials Inc. v. Advanced Semiconductor Materials, states:

"However, even if such consonance is lost, double patenting does not follow if the requirements of Section 121 are met or if the claims are in fact patentably distinct.… The purpose of Section 121 is to accommodate administrative convenience and to protect the patentee from technical flaws based on this unappealable examination practice."

This means that even if the strict line of demarcation between inventions is not maintained, an examiner must still consider whether the claims meet the requirements of 35 U.S.C. 121 or if they are patentably distinct before applying a double patenting rejection. The focus is on protecting inventors from unfair rejections due to administrative procedures while still ensuring that patent protection is not improperly extended.

To learn more:

Question 2

How does removing references from a 35 U.S.C. 103 rejection affect the grounds of rejection?

Accepted Answer

Removing one or more references from a 35 U.S.C. 103 rejection does not necessarily constitute a new ground of rejection. According to MPEP 1207.03(a):

"If the examiner's answer removes one or more references from the statement of rejection under 35 U.S.C. 103, and relies on the same teachings of the remaining references to support the 35 U.S.C. 103 rejection, then the rejection does not constitute a new ground of rejection."

This principle is based on the court's decision in In re Kronig, where the Board affirmed a rejection under 35 U.S.C. 103 but relied on fewer references than the examiner. The court held that this did not constitute a new ground of rejection, stating:

"Having compared the rationale of the rejection advanced by the examiner and the board on this record, we are convinced that the basic thrust of the rejection at the examiner and board level was the same."

The key factor is whether the rejection relies on the same teachings and maintains the same basic thrust, even if fewer references are cited. If so, it does not constitute a new ground of rejection.

To learn more:

Question 3

What are the key factors in determining if an activity qualifies as experimental use?

Accepted Answer

What are the key factors in determining if an activity qualifies as experimental use?

Determining whether an activity qualifies as experimental use involves considering several factors. According to MPEP 2133.03(e), key factors include:

The nature of the activity
The length of the test period
Whether payment was made for the device
Whether there was a secrecy agreement
Whether records were kept
Who conducted the experiments
The degree of commercial exploitation during testing

The MPEP states, "Once alleged experimental activity is advanced by an applicant to negate a pre-AIA 35 U.S.C. 102(b) rejection, the examiner must determine whether the scope and length of the activity were reasonable in terms of the experimental purpose intended by the applicant and the nature of the subject matter involved." This assessment helps distinguish genuine experimentation from activities that might trigger the public use or on-sale bar.

To learn more:

Question 4

What are the WIPO ST.25 sample statements for sequence listings?

Accepted Answer

The MPEP provides sample language for statements required to support sequence rule submissions under WIPO ST.25. These statements are examples and not exhaustive. They primarily cover three areas:

Asserting that the sequence information in the PDF or physical sheets is identical to the computer readable form
Stating that amendments adding a sequence listing are supported in the original application
Declaring that replacements to sequence listings do not include new matter

For example, regarding the identity of sequence information, the MPEP states:

"I hereby state that the sequence information contained in the computer readable form is identical to the sequence information contained in the 'Sequence Listing' submitted as a PDF image file or on physical sheets of paper."

This statement supports compliance with 37 CFR 1.821(e)(1)(ii), (2)(ii), 1.825(a)(6), or (b)(7).

To learn more:

Question 5

How can I file an interim copy of a foreign application electronically?

Accepted Answer

Filing an interim copy of a foreign application electronically can be done through the USPTO patent electronic filing system. The MPEP provides guidance on how to file different parts of the application:

Main parts (Abstract, Drawings, Specification, Claims) and the cover sheet can be filed as a single PDF file.
Text-only files (e.g., Sequence Listings, Large Tables) can be filed as .txt files.
XML files (e.g., Standard ST.26 Sequence Listing) should be filed on a read-only optical disc.

The MPEP states: 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.

For more information on electronic filing, refer to MPEP § 502.05.

To learn more:

Question 6

How should reproductions be attached in EFS-Web for international design applications?

Accepted Answer

According to MPEP 2909.02(a), there are two main ways to attach reproductions in EFS-Web for international design applications:

"Attach Reproductions" section: This is the preferred method for single-page PDF or JPEG files. The MPEP states:
"Reproductions may be submitted as single page PDF or JPEG files by attaching the file(s) using the "Attach Reproductions" section of the "Attach Documents" screen."
"Attach Documents other than Reproductions" section: This can be used for PDFs, including multi-page PDFs. However, the MPEP warns:
"Attaching compliant reproductions via the "Attach Reproductions" section, rather than the "Attach Documents other than Reproductions" section, may help to avoid incurring additional per page publication fees that might otherwise be required by the International Bureau."

It's important to choose the appropriate method to avoid potential additional fees and ensure proper processing of your application.

To learn more:

Question 7

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.

To learn more:

Question 8

Are there exceptions to the requirement for submitting a separate CRF and statement?

Accepted Answer

Yes, there are exceptions to the requirement for submitting a separate Computer Readable Form (CRF) and the associated statement. According to MPEP 2422.06:

"Note that, in an application filed under 35 U.S.C. 111(a), if a 'Sequence Listing' is filed as an ASCII plain text file via the USPTO patent electronic filing system or on a read-only optical disc under 37 CFR 1.52(e), and applicant has not filed a 'Sequence Listing' as a PDF image file or on physical sheets of paper, the ASCII plain text file will serve as both the 'Sequence Listing' required by 37 CFR 1.821(c) and the computer readable form (CRF) required by 37 CFR 1.821(e)."

The same exception applies to national stage applications submitted under 35 U.S.C. 371.

In these cases, the following are not required and should not be submitted:

A second copy of the "Sequence Listing" as a PDF image file or on physical sheets of paper
A statement under 37 CFR 1.821(e)(1)(ii) or (2)(ii) indicating that the sequence information in the "Sequence Listing" and CRF copy are identical

This exception simplifies the submission process for applicants who file the "Sequence Listing" in the specified ASCII plain text format.

To learn more:

Question 9

How should a Sequence Listing be submitted in a patent application?

Accepted Answer

A Sequence Listing can be submitted in a patent application in several ways:

As an ASCII plain text file via the USPTO patent electronic filing system or on read-only optical disc(s).
As a PDF image file via the USPTO patent electronic filing system.
On physical sheets of paper.

The MPEP recommends: The USPTO encourages applicants to file their patent applications via the USPTO patent electronic filing system and imposes a surcharge for non-electronic filing of an original patent application (excluding reissue, design, plant, and provisional applications). Filing a "Sequence Listing" via USPTO patent electronic filing system as a PDF image file or on physical sheets of paper is not recommended. (MPEP 2429)

It's important to note that submitting as an ASCII plain text file via the USPTO patent electronic filing system or on read-only optical disc(s) offers advantages, such as exclusion from application size fees and serving as both the Sequence Listing and CRF.

To learn more:

Search results for: Pass Guaranteed Quiz 2024 ISTQB CTAL-TTA: Fantastic Certified Tester Advanced Level Technical Test Analyst Valid Braindumps Pdf 🥩 Open website ⮆ www.pdfvce.com ⮄ and search for 「 CTAL-TTA 」 for free download 💯Real CTAL-TTA Question

What happens if consonance is lost in a divisional application?

How does removing references from a 35 U.S.C. 103 rejection affect the grounds of rejection?

What are the key factors in determining if an activity qualifies as experimental use?

Contact

What are the WIPO ST.25 sample statements for sequence listings?

How can I file an interim copy of a foreign application electronically?

How should reproductions be attached in EFS-Web for international design applications?

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

Are there exceptions to the requirement for submitting a separate CRF and statement?

How should a Sequence Listing be submitted in a patent application?