What are the key compliance requirements for sequence listings under WIPO ST.25?
Key compliance requirements for sequence listings under WIPO ST.25 include: Compliance is not a filing date, 35 U.S.C. 112, 35 U.S.C. 119/120, or per se new matter issue. Compliance can be achieved via amendment. The “Sequence Listing” is an integral part of the application. A replacement “Sequence Listing” must be used for amendments. Angle brackets…
Read MoreWho is responsible for compliance with the duty of disclosure in inter partes reexamination?
The responsibility for compliance with the duty of disclosure in inter partes reexamination rests with specific individuals. According to 37 CFR 1.933(b): “The responsibility for compliance with this section rests upon the individuals designated in paragraph (a) of this section, and no evaluation will be made by the Office in the reexamination proceeding as to…
Read MoreWhat statements are required when submitting a Sequence Listing?
When submitting a Sequence Listing for a patent application, several statements are required according to MPEP 2427: A statement that the “Sequence Listing” includes no new matter A statement that indicates support for the amendment in the application, as filed A statement that the content of the CRF is identical to the “Sequence Listing” part…
Read MoreCan an examiner require the submission of a Sequence Listing XML?
Yes, an examiner can require the submission of a Sequence Listing XML under certain circumstances. MPEP 2414 states: “Additionally, the examiner can require the filing of an added initial ‘Sequence Listing XML’ if the ‘Sequence Listing XML’ or a replacement ‘Sequence Listing XML’ if an application fails to comply with 37 CFR 1.831 – 1.834.”…
Read MoreWhat happens if an appellant brief does not comply with all requirements?
If an appellant brief does not comply with all requirements set forth in 37 CFR 41.67(a) and (c), the following process occurs: The appellant will be notified of the defect(s). The appellant will be given a non-extendable period of one month to file an amended brief to correct the defect(s). As stated in the MPEP:…
Read MoreWhat happens if there are errors in the international design application when it enters national processing?
When an international design application enters national processing in the United States, the USPTO will review the application for compliance with U.S. laws and regulations. If errors are found, the USPTO may issue an Office action to address these issues. According to MPEP 2920: “Where the international design application fails to comply with the requirements…
Read MoreWhat happens if a request for ex parte reexamination is incomplete?
If a request for ex parte reexamination is incomplete, the person identified as requesting reexamination will be notified and generally given an opportunity to complete the request within a specified time. The MPEP 2227 states: “If the request does not include the fee for requesting ex parte reexamination required by paragraph (a) of this section…
Read MoreHow can minor errors in Sequence Listing compliance be handled?
According to MPEP 2427, minor errors in Sequence Listing compliance can be handled efficiently to expedite the processing of applications. The MPEP states: “In order to expedite the processing of applications, minor errors pertaining to compliance with the sequence rules discovered after examination has begun may be handled with the next Office action.” Examples of…
Read MoreHow is the filing date determined for an ex parte reexamination request?
The filing date of an ex parte reexamination request is determined based on when all requirements are met. According to MPEP 2227: “The filing date of the request for ex parte reexamination is the date on which the request satisfies all the requirements of this section.” This means that the request must comply with all…
Read MoreWho determines if an appeal brief is compliant in ex parte reexamination?
Since May 25, 2010, the Patent Trial and Appeal Board (Board) has the sole responsibility for determining whether appeal briefs filed in ex parte reexamination proceedings comply with 37 CFR 41.37. The MPEP states: “The Board also has the sole responsibility for determining whether corrected briefs comply with 37 CFR 41.37, and addresses any inquiries…
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