How does the USPTO determine if a depository is acceptable?
The United States Patent and Trademark Office (USPTO) has specific criteria for determining if a depository is acceptable for biological materials. According to MPEP 2405: “The Commissioner may determine that a depository is acceptable if the depository:” Maintains biological material viability for 30 years or 5 years after the most recent request, whichever is longer…
Read MoreWhat are the specific criteria for determining a substantial new question of patentability in supplemental examination?
The criteria for determining a substantial new question of patentability (SNQ) in supplemental examination are outlined in MPEP 2816.02. The key factors include: Whether the information presented in the request raises a new, non-cumulative technological teaching that was not present in the patent examination If the information suggests a reasonable likelihood that the examiner would…
Read MoreWhat are the criteria for determining distinctness between inventions?
The criteria for determining distinctness between inventions are outlined in MPEP 806. Inventions are considered distinct if they meet at least one of the following criteria: The inventions have acquired a separate status in the art due to their recognized divergent subject matter. The inventions require different fields of search (e.g., searching different classes/subclasses or…
Read More