What is the standard term for a utility patent?
The standard term for a utility patent is 20 years from the filing date of the earliest application to which the patent claims priority. This is known as the “twenty-year term.” As stated in the MPEP, For applications filed on or after June 8, 1995, Section 532(a)(1) of the Uruguay Round Agreements Act (Public Law…
Read MoreWhat is the significance of pre-AIA 35 U.S.C. 102(e) in patent law?
Pre-AIA 35 U.S.C. 102(e) is a crucial provision in patent law that allows certain international application publications, U.S. patent application publications, and U.S. patents to be used as prior art. The MPEP states: “Pre-AIA 35 U.S.C. 102(e) allows the use of certain international application publications and U.S. patent application publications, and certain U.S. patents as…
Read MoreWhen is a Sequence Listing in XML format required for patent applications?
A Sequence Listing in XML format is required for patent applications filed on or after July 1, 2022, that disclose nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b). The MPEP states: “An application that has a filing date on or after July 1, 2022, will be required to provide a ‘Sequence Listing…
Read MoreWhen did the requirements for Sequence Listings change?
The requirements for Sequence Listings in patent applications changed on July 1, 2022. This is clearly stated in the MPEP: “[Editor Note: 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 before July…
Read MoreWhat determines the official filing date of a reexamination request?
The official filing date of a reexamination request is determined based on specific criteria: The request must be in compliance with 37 CFR 1.510. The filing date is automatically assigned by the PALM EXPO 2970 system. The date assigned is based on the receipt date of the compliant request. MPEP 2226 states: “The system will…
Read MoreHow are provisional application filing dates considered under pre-AIA 35 U.S.C. 102(e)?
The filing date of a provisional application can be critical for determining the prior art date under pre-AIA 35 U.S.C. 102(e), but specific conditions must be met. The MPEP states: “Note that for benefit claims under 35 U.S.C. 119(e), the critical reference date under pre-AIA 35 U.S.C. 102(e) may be the filing date of a…
Read MoreWhat happens if a proper corrected request is timely filed for supplemental examination?
When a proper corrected request is timely filed for supplemental examination, it establishes the filing date for the supplemental examination request. The MPEP states, “If a proper corrected request is timely filed, the filing date of the supplemental examination request will be the receipt date of the corrected request. The Office will mail a Notice…
Read MoreWhat determines if an application is subject to pre-AIA or AIA patent laws?
The determining factor for whether an application is subject to pre-AIA or AIA patent laws is its filing date. Applications filed before March 16, 2013, are governed by pre-AIA 35 U.S.C. 102 and 103. As stated in MPEP 2159.01: “The changes to 35 U.S.C. 102 and 103 in the AIA do not apply to any…
Read MoreWhat determines if an application is subject to pre-AIA 35 U.S.C. 102 and 103?
An application is subject to pre-AIA 35 U.S.C. 102 and 103 if it was filed before March 16, 2013. As stated in the MPEP, Any application filed before March 16, 2013, is governed by pre-AIA 35 U.S.C. 102 and 103 (i.e., the application is a pre-AIA first to invent application). This means that the filing…
Read MoreCan applications filed after March 16, 2013 ever be subject to pre-AIA 35 U.S.C. 102?
Yes, certain applications filed on or after March 16, 2013, can be subject to pre-AIA 35 U.S.C. 102. The MPEP states: Certain applications filed on or after March 16, 2013 that claim the benefit of a filing date earlier than March 16, 2013 under 35 U.S.C. 120, 121, or 365 are also governed by pre-AIA…
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