When are WIPO ST.25 sample statements not applicable?

According to the MPEP, WIPO ST.25 sample statements are not applicable to certain patent applications. Specifically: “This section is not applicable to 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).” For applications filed on or after July 1, 2022, applicants should…

Read More

What is the difference in USPTO treatment of defective sequence listings for applications filed before and after January 1, 2022?

The USPTO’s treatment of defective sequence listings differs significantly for applications filed before and after January 1, 2022. MPEP 2422.07 outlines these differences: For applications filed before January 1, 2022: “Applications filed before January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be treated as incomplete applications under 35 U.S.C.…

Read More

What is the difference between the filing date in the United States and the international filing date?

The filing date of an international design application in the United States is not necessarily the same as the international filing date accorded by the International Bureau. As stated in MPEP 2906: “The filing date of an international design application in the United States is not necessarily the same date as the filing date accorded…

Read More

Can biological material descriptions be supplemented after the filing date of a patent application?

Can biological material descriptions be supplemented after the filing date of a patent application? Generally, supplementing biological material descriptions after the filing date is not allowed and can lead to issues: New matter rejections under 35 U.S.C. 112(a) Loss of priority date for added material Potential invalidity of the patent MPEP 2406.01 states: “Information which…

Read More