What should be included in the amendment to the specification when adding a “Sequence Listing XML”?

When adding a “Sequence Listing XML” to a patent application, the amendment to the specification must include an incorporation by reference statement. This statement should contain: The name of the XML file containing the “Sequence Listing XML” The date of creation of the file The size of the file in bytes According to 37 CFR…

Read More

What is required when submitting a replacement “Sequence Listing XML” under 37 CFR 1.835(b)?

When submitting a replacement “Sequence Listing XML” under 37 CFR 1.835(b), the following items are required: A compliant replacement “Sequence Listing XML” file An amendment to the specification incorporating the new file by reference A statement identifying the location of all changes A statement identifying the basis for all changes A statement that no new…

Read More

What are the requirements for adding a “Sequence Listing” after the application filing date?

According to 37 CFR 1.825(a), adding a “Sequence Listing” after the application filing date requires: Submission of the “Sequence Listing” in one of three formats: ASCII plain text file, PDF file, or physical sheets of paper A request to make the amendment by incorporation by reference or insertion into the specification A statement indicating the…

Read More

What is required when adding an initial “Sequence Listing XML” to a patent application after the filing date?

When adding an initial “Sequence Listing XML” to a patent application after the filing date, the following are required: A compliant “Sequence Listing XML” submitted as an XML file via the USPTO Patent Electronic Filing System or on a read-only optical disc. An amendment to the specification incorporating the “Sequence Listing XML” by reference. A…

Read More

What is the difference between reinstating canceled text and canceled claims in a patent application?

While both processes involve restoring previously removed content, there are key differences in reinstating canceled text versus canceled claims in a patent application. MPEP 608.01(s) outlines these differences: Canceled Text in Specification: “Canceled text in the specification can be reinstated only by a subsequent amendment presenting the previously canceled matter as a new insertion.” Canceled…

Read More

Under what circumstances will an application not be withdrawn from issue for an amendment entry?

An application will not be withdrawn from issue for the entry of an amendment in certain circumstances. The MPEP specifies: “The application will not be withdrawn from issue for the entry of an amendment that would reopen the prosecution if the Office action next preceding the notice of allowance closed the application to further amendment.”…

Read More