When did the USPTO start requiring Sequence Listing XML for patent applications?
The USPTO began requiring Sequence Listing XML for certain patent applications on July 1, 2022. As stated in MPEP 2419: “[Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]” This requirement applies to patent…
Read MoreWhen did the new requirements for “Sequence Listing XML” submissions take effect?
The new requirements for “Sequence Listing XML” submissions took effect on July 1, 2022. As stated in the editor’s note in MPEP 2413.02: “This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).“ This means that patent…
Read MoreWhen did the Sequence Listing XML requirement come into effect?
The Sequence Listing XML requirement came into effect on July 1, 2022. As stated in MPEP 2415, “For those applications filed on or after July 1, 2022, a ‘Sequence Listing XML’ (see 37 CFR 1.831(a)) as a separate part of the specification is required.” This applies to all patent applications with disclosures of nucleotide and/or…
Read MoreWhen did the requirement for a valid Sequence Listing XML become effective?
The requirement for a valid Sequence Listing XML became effective for patent applications filed on or after July 1, 2022. This is clearly stated in the editor’s note in MPEP § 2413.01(b): “[Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid…
Read MoreWhat is the “pre-AIPA” version of 35 U.S.C. 102(e) and when does it apply?
The “pre-AIPA” version of 35 U.S.C. 102(e) refers to the law as it was in force on November 28, 2000, before the changes made by the American Inventors Protection Act (AIPA). This version applies to patents issued from international applications filed before November 29, 2000. According to the MPEP, Patents issued directly, or indirectly, from…
Read MoreWhen does a patent become prior art under AIA 35 U.S.C. 102(a)(1)?
Under AIA 35 U.S.C. 102(a)(1), a patent generally becomes prior art on its grant date. The MPEP states: “The effective date of the patent for purposes of determining whether the patent qualifies as prior art under AIA 35 U.S.C. 102(a)(1) is the grant date of the patent.” However, there’s an exception for secret patents: “There…
Read MoreWhen did the new Sequence Rules come into effect?
The new Sequence Rules came into effect on July 1, 2022. This date is crucial for patent applicants dealing with nucleotide and/or amino acid sequences. As stated in MPEP 2412.01, the rules apply to “patent applications that were filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined…
Read MoreWhen did the new rules for “modified amino acids” in patent applications come into effect?
The new rules regarding “modified amino acids” in patent applications came into effect on July 1, 2022. This is clearly stated in the MPEP 2412.03(c): [Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]…
Read MoreWhat is the relationship between intervening rights and the effective date of the reexamination certificate?
What is the relationship between intervening rights and the effective date of the reexamination certificate? The effective date of the reexamination certificate is crucial in determining the application of intervening rights. According to MPEP 2293: “The date of the reexamination certificate is the date of issue from which the patent claims as stated in the…
Read MoreWhen did the requirement for including an XML declaration in Sequence Listing XML become effective?
The requirement for including an XML declaration in Sequence Listing XML became effective for patent applications filed on or after July 1, 2022. As stated in MPEP 2413.01(c): This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR…
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