How should unbranched nucleotide sequences be presented in patent applications?
How should unbranched nucleotide sequences be presented in patent applications? According to MPEP 2421.02, unbranched nucleotide sequences in patent applications must be presented as follows: They must be listed using a single letter code for nucleotide bases. Sequences with 10 or more nucleotides must be represented in the sequence listing. Each sequence must be assigned…
Read MoreWhat happens if a biological deposit referenced in a patent application becomes unavailable?
If a biological deposit referenced in a patent application becomes unavailable, the examiner will treat the application as if no deposit existed. According to MPEP 2407.01: “When the Office is so informed or otherwise becomes aware that samples of the deposited material cannot be furnished by the depository, the examiner will treat the application as…
Read MoreWhat is unauthorized participation by a protestor in patent examination?
Unauthorized participation by a protestor refers to any ex parte communication between the protestor and Office personnel, including examiners, regarding substantive matters of a patent application. The Manual of Patent Examining Procedure (MPEP) Section 1907 explicitly states: “Office personnel must exercise care to ensure that substantive matters relating to the application are not discussed ex…
Read MoreWhat happens to unauthorized or improper papers filed in a supplemental examination proceeding?
According to MPEP 2813, unauthorized or improper papers filed in a supplemental examination proceeding are not entered into the official file or considered. If such papers are inadvertently entered, they will be expunged. Specifically, 37 CFR 1.620(c) states: “if an unauthorized or otherwise improper paper is filed in a supplemental examination proceeding, it will not…
Read MoreWhat happens to unauthorized papers filed during inter partes reexamination?
According to MPEP 2667, unauthorized papers filed during inter partes reexamination will not be considered and may be returned. As stated in the MPEP: “If an unauthorized paper is filed by any party at any time during the inter partes reexamination proceeding it will not be considered and may be returned.” If the paper has…
Read MoreWhat happens to unamended patent claims in reexamination after a Board decision?
The treatment of unamended patent claims in reexamination after a Board decision depends on whether the claim is rejected or allowed. If an unamended patent claim is rejected and the Board affirms the rejection, the claim will be canceled. However, dependent claims based on the rejected unamended patent claim may still be confirmed or deemed…
Read MoreWhat types of persons typically file ex parte reexamination requests?
MPEP 2212 provides a non-exhaustive list of persons who are likely to use the ex parte reexamination process under 35 U.S.C. 302: Patentees Licensees Potential licensees Attorneys without identification of their real client in interest Infringers Potential exporters Patent litigants Interference applicants International Trade Commission respondents This diverse list reflects the various stakeholders in the…
Read MoreWhat are the typical circumstances where adequate written description issues arise in patent applications?
The MPEP 2163.03 outlines three typical circumstances where adequate written description issues arise: Original claims: When the claims define the invention in functional language specifying a desired result but the specification does not sufficiently describe how the function is performed or the result is achieved. New or amended claims: When the claims are not supported…
Read MoreWhat types of treatments or prophylaxis are considered in Step 2A Prong Two?
According to MPEP 2106.04(d)(2), examples of “treatment” and “prophylaxis” limitations include: Acupuncture Administration of medication Dialysis Organ transplants Phototherapy Physiotherapy Radiation therapy Surgery The MPEP states: “Examples of ‘treatment’ and prophylaxis’ limitations encompass limitations that treat or prevent a disease or medical condition, including, e.g., acupuncture, administration of medication, dialysis, organ transplants, phototherapy, physiotherapy, radiation…
Read MoreWhat types of prior art can be submitted to the USPTO under 35 U.S.C. 301?
According to MPEP 2203, the types of prior art that can be submitted to the USPTO under 35 U.S.C. 301 include: Prior art patents Printed publications Written statements Additional information The MPEP states: The patent owner, or any member of the public, may submit prior art patents or printed publications and/or written statements and additional…
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