How does the timing of a replacement deposit affect the patent process?
The timing of a replacement deposit can significantly affect the patent process. According to MPEP 2407: “A replacement deposit made in connection with an application for patent may be made at any time before the patent issues […] A replacement made after the patent issues must be made with a certificate of correction under 37…
Read MoreWhat happens if a deposit becomes unavailable or contaminated?
If a biological deposit becomes unavailable or contaminated, the patent owner must take action to ensure continued public availability. According to MPEP 2407: “A replacement or supplemental deposit made during the pendency of an application for patent may be made without a certificate of correction […] A replacement or supplemental deposit made in connection with…
Read MoreWhat happens if a reexamination proceeding concludes without issuing a reexamination certificate?
If a reexamination proceeding concludes without issuing a reexamination certificate, such as when reexamination is vacated or the order for reexamination is denied, the patent owner can still request a correction of inventorship. According to MPEP 2250.02: “In some instances, the reexamination proceeding concludes but does not result in a reexamination certificate under 37 CFR…
Read MoreWhat should an applicant do if they disagree with the patent term extension information printed on the patent?
If an applicant disagrees with the patent term extension information printed on the front page of the patent, they can request a review. According to MPEP 2720: “If applicant disagrees with the patent term extension information printed on the front page of the patent, applicant may request review by way of a petition under 37…
Read MoreHow can a patent owner correct information about a replacement or supplemental biological deposit?
To correct information about a replacement or supplemental biological deposit, a patent owner must request a certificate of correction. The MPEP specifies: “A replacement or supplemental deposit made in connection with a patent, whether or not made during the pendency of an application for reissue patent or a reexamination proceeding or both, shall not be…
Read MoreCan I request a Certificate of Correction to change the Patent Term Adjustment on my patent?
Generally, the USPTO does not grant requests for Certificates of Correction to revise the Patent Term Adjustment (PTA) indicated on a patent. According to MPEP 2733: “The Office will not grant a request for a certificate of correction under either 35 U.S.C. 254 or 255 to revise the patent term adjustment indicated in a patent,…
Read MoreHow do I amend a “Sequence Listing” in a granted patent?
Amending a “Sequence Listing” in a granted patent is addressed in 37 CFR 1.825(d). The process applies to amendments made by certificate of correction, reissue, or reexamination. The MPEP states: “Any appropriate amendments to the ‘Sequence Listing’ in a patent (e.g., by reason of reissue, reexamination, or a certificate of correction) must comply with the…
Read MoreHow does the USPTO determine if a mistake is ‘of a clerical or typographical nature’ for a Certificate of Correction?
The USPTO determines if a mistake is ‘of a clerical or typographical nature’ for a Certificate of Correction based on specific criteria. According to MPEP 1481: “The Office will issue a certificate of correction for a mistake that is clearly disclosed in the records of the Office, which mistake is ‘of a clerical or typographical…
Read MoreWhat types of mistakes can be corrected through a Certificate of Correction?
A Certificate of Correction can be used to correct various types of mistakes in a patent, including: Typographical errors Clerical errors Mistakes of a minor character According to MPEP 1481, “A mistake in a patent may be corrected by certificate of correction only if the mistake is of a clerical or typographical nature, or of…
Read MoreWhat types of errors can be corrected through a Certificate of Correction for applicant’s mistake?
A Certificate of Correction for applicant’s mistake can correct various types of errors, including: Typographical errors in the specification, drawings, or claims Errors in bibliographic data (e.g., inventor names, priority claims) Minor clerical or typographical errors in the patent As stated in MPEP 1481: “The types of mistakes for which a certificate of correction of…
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