What sequences must be included in the “Sequence Listing” of a patent application?
According to MPEP 2422.01, the following sequences must be included in the “Sequence Listing” of a patent application: All sequences, whether claimed or not, that meet the length thresholds in 37 CFR 1.821(a). Any sequence disclosed as a string of particular nucleotide bases or amino acids, regardless of whether the applicant considers it prior art.…
Read MoreWhat is the “Essential Material” exception for incorporating material by reference?
What is the “Essential Material” exception for incorporating material by reference? The “Essential Material” exception allows certain types of material to be incorporated by reference, even if not present in the application as filed. According to MPEP 2163.07(b): “Essential material” may be incorporated by reference, but only by way of an incorporation by reference to…
Read MoreWhat is essential material in patent applications?
Essential material is defined in 37 CFR 1.57(d) as material that is necessary to: Provide a written description of the claimed invention as required by 35 U.S.C. 112(a) Describe the claimed invention in terms that particularly point out and distinctly claim the invention as required by 35 U.S.C. 112(b) Describe the structure, material, or acts…
Read MoreWhat is the difference between essential and nonessential material in patent applications?
In patent applications, the distinction between essential and nonessential material is important for incorporation by reference: Essential material is defined in 37 CFR 1.57(d) as material necessary to meet the requirements of 35 U.S.C. 112(a), (b), or (f). It can only be incorporated by reference to a U.S. patent or U.S. patent application publication. Nonessential…
Read MoreHow can I incorporate material by reference in a patent application?
To properly incorporate material by reference in a patent application: Use the root words ‘incorporate’ and ‘reference’ (e.g., ‘incorporate by reference’) to express a clear intent to incorporate. Clearly identify the referenced patent, application, or publication. For essential material, only incorporate by reference to a U.S. patent or U.S. patent application publication. For nonessential material,…
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