When did the requirements for the Title Element in Sequence Listing XML come into effect?
The requirements for the Title Element in Sequence Listing XML came into effect on July 1, 2022. According to the editor’s note in MPEP 2413.01(i): “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…
Read MoreWhen did the new requirements for “specifically defined” nucleotides and amino acids come into effect?
According to MPEP 2412.03(a), the new requirements for “specifically defined” nucleotides and amino acids came into effect for patent applications filed on or after July 1, 2022. The MPEP states: [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…
Read MoreWhat is the significance of the effective date on an ex parte reexamination certificate?
The effective date on an ex parte reexamination certificate is significant for several reasons: It marks the date when the certificate becomes legally effective It determines when the changes to the patent claims take effect It impacts the enforcement of patent rights for the modified claims MPEP 2290 states: “The certificate is titled ‘Ex Parte…
Read MoreWhen did the requirements for Sequence Listing XML format come into effect?
The requirements for the Sequence Listing XML format came into effect for certain patent applications filed on or after July 1, 2022. According to the editor’s note in MPEP 2412.05(a): “[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…
Read MoreWhen did the new requirements for nucleotide and amino acid sequence disclosures in patent applications take effect?
The new requirements for nucleotide and amino acid sequence disclosures in patent applications took effect on July 1, 2022. This is clearly stated in MPEP 2412.02(a): “[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…
Read MoreWhat is the effective date for intervening rights in patent reexamination?
The effective date for intervening rights in patent reexamination is crucial for determining when these rights begin to apply. Key points include: The effective date is the issue date of the reexamination certificate. Intervening rights do not apply retroactively to the original patent date. Actions taken after the reexamination certificate’s issue date may be subject…
Read MoreWhat is the effective date for applying AIA 35 U.S.C. 102(b)(2)(C) exception?
What is the effective date for applying AIA 35 U.S.C. 102(b)(2)(C) exception? The effective date for applying the AIA 35 U.S.C. 102(b)(2)(C) exception is crucial for determining its applicability. According to MPEP 2154.02(c): “Even if the only differences between the subject matter disclosed by the reference and the claimed invention were made pursuant to a…
Read MoreWhen did the requirement for a DOCTYPE declaration in Sequence Listing XML become effective?
The requirement for a DOCTYPE declaration in Sequence Listing XML became effective for patent applications filed on or after July 1, 2022. As stated in MPEP 2413.01(d): 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 effective date for the changes made by the CREATE Act?
The CREATE Act has a specific effective date for its changes to pre-AIA 35 U.S.C. 103(c). According to the MPEP: “The effective date provision of the CREATE Act provided that its amendments shall apply to any patent (including any reissue patent) granted on or after December 10, 2004, except those patents subject to the current…
Read MoreHow does the rectification of an obvious mistake affect the effective date of the PCT application?
The effect of rectifying an obvious mistake on the effective date of a PCT application depends on where the mistake occurs. According to MPEP 1836, which cites PCT Rule 91.3(c): “Where the rectification of an obvious mistake has been authorized, it shall be effective: (i) in the case of a mistake in the international application…
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