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 MoreWhat 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 MoreHow does the USPTO handle minor defects in a supplemental examination request?
The USPTO has a specific approach to handling minor defects in supplemental examination requests. According to MPEP 2812.01: “Even if the request is determined to be defective, the Office has the discretion under 37 CFR 1.610(d) to grant a filing date. However, the Office will not generally grant a filing date to a defective request…
Read MoreCan the USPTO grant a filing date to a defective supplemental examination request?
Yes, the USPTO has the discretion to grant a filing date to a defective supplemental examination request, although it is not common practice. According to MPEP 2812.01: “Even if the request is determined to be defective, the Office has the discretion under 37 CFR 1.610(d) to grant a filing date. However, the Office will not…
Read MoreWhat 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 MoreWhat happens if all required fees are not paid when filing a supplemental examination request?
If all required fees for supplemental examination are not paid at the time of filing the request, the following consequences will occur: The request will be considered defective A filing date will not be granted The processing of the request will be terminated A refund of any fees paid will be made to the patent…
Read MoreCan 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 MoreWhat is the filing date of a request for supplemental examination?
The filing date of a request for supplemental examination is crucial for determining priority and processing. According to MPEP 2812: “The filing date of a request for supplemental examination is the date on which the request contains all of the items required by 37 CFR 1.610(a) and (b).” This means that for a request to…
Read MoreWhat are the requirements for granting a filing date to a supplemental examination request?
For a supplemental examination request to be granted a filing date, it must comply with specific regulations. According to 37 CFR 1.610(d), as quoted in the MPEP: The filing date of a request for supplemental examination will not be granted if the request is not in compliance with §§ 1.605, 1.615, and this section, subject…
Read MoreHow are Statutory Invention Registrations (SIRs) treated under pre-AIA 35 U.S.C. 102(e)?
Statutory Invention Registrations (SIRs) are treated similarly to U.S. patents under pre-AIA 35 U.S.C. 102(e). The MPEP explains: “In accordance with former 35 U.S.C. 157(c), a published SIR will be treated the same as a U.S. patent for all defensive purposes, usable as a reference as of its filing date in the same manner as…
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