How does the USPTO ensure public access to deposited biological materials?
The USPTO ensures public access to deposited biological materials through specific requirements outlined in MPEP 2410.01. These include: Requiring that all restrictions on access be irrevocably removed upon patent grant. Ensuring the deposit is made in a recognized facility. Mandating that the deposit be available to the public upon patent issuance. The MPEP states: “All…
Read MoreHow does the USPTO handle biological deposits made after the application filing date?
The USPTO has specific procedures for handling biological deposits made after the application filing date. According to MPEP 2407.01: “For biological inventions, for which evidence of reduction to practice via a biological deposit is required, there is a further requirement that the deposit be made within a specified period after the filing date of the…
Read MoreHow does the USPTO handle applications with sequence listings that do not comply with 37 CFR 1.821-1.825?
The USPTO has specific procedures for handling applications with non-compliant sequence listings, as outlined in MPEP 2422.07: If the application is accepted for filing but the sequence listing is found to be non-compliant, the applicant will be notified. The applicant will be given a time period (usually two months) to submit a compliant “Sequence Listing.”…
Read MoreDoes the USPTO return or preserve the computer readable form (CRF) submitted on read-only optical discs?
No, the USPTO does not permanently preserve or return computer readable forms (CRFs) submitted on read-only optical discs. The MPEP clearly states: The Office does not desire to be bound by a requirement to permanently preserve computer readable forms submitted on read-only optical disc(s) for support, priority or correction purposes. Thus, once use of the…
Read MoreWhat is the preferred method for submitting a “Sequence Listing” to the USPTO?
The USPTO’s preferred method for submitting a “Sequence Listing” is as an ASCII plain text file via the USPTO patent electronic filing system. The MPEP states: Filing the “Sequence Listing” as an ASCII plain text file submitted via the USPTO patent electronic filing system that complies with both 37 CFR 1.821(c) and (e) is the…
Read MoreHow does the USPTO handle cases where a biological deposit becomes unavailable?
When the USPTO becomes aware that a biological deposit referenced in a patent application is unavailable, it takes the following steps: The examiner treats the application as if no deposit existed. The applicant may be required to make a replacement or supplemental deposit. The new deposit must satisfy the requirements for patentability under 35 U.S.C.…
Read MoreHow does the USPTO handle lengthy Sequence Listings in patent publications?
The USPTO has a specific process for handling lengthy Sequence Listings in patent publications. According to MPEP 2419.02: “In place of such lengthy “Sequence Listing”, the patent or patent application publication specification will show a page-wide SEQUENCE LISTING statement similar to the example shown below:” The statement includes information about accessing the Sequence Listing electronically…
Read MoreWhat happens to Sequence Listing XML files that exceed the 600KB limit?
While MPEP 2419.01 does not explicitly state what happens to Sequence Listing XML files that exceed the 600KB limit when transformed into ASCII text, it implies that these larger files are treated differently: “Upon transformation of the .xml file using the style sheet to an ASCII text file, any ASCII text file produced by the…
Read MoreHow does the USPTO handle defective sequence listings in patent applications filed after January 1, 2022?
For patent applications filed on or after January 1, 2022, the USPTO has specific procedures for handling defective sequence listings. According to MPEP 2422.07: “Applications filed on or after January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be accepted and the defective sequence listing will be treated in accordance…
Read MoreHow does the USPTO handle requests for samples of biological materials?
The United States Patent and Trademark Office (USPTO) has specific procedures for handling requests for samples of biological materials. According to MPEP 2410: “The Office will not serve as a go-between for persons seeking samples from a depository.” Instead, the USPTO’s role is to: Provide certification to depositories that a request for a sample is…
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