What is the requirement for submitting a “Sequence Listing XML” in international applications under the PCT?

According to MPEP 2414.05, international applications filed under the PCT that contain a disclosure of nucleotide and/or amino acid sequences must include a sequence listing part of the description that complies with the standard provided in Annex C of the Administrative Instructions. The MPEP states: “Where an international application, filed under the PCT, contains a…

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What is the role of the International Bureau in the registration process?

The International Bureau plays a crucial role in the registration process for international design applications. According to MPEP 2907, the International Bureau is responsible for: Receiving and examining international applications Registering industrial designs that conform to applicable requirements Inviting applicants to remedy defects in non-compliant applications Issuing certificates of registration to holders As stated in…

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What statement must accompany a late-submitted “Sequence Listing XML” in PCT applications?

When submitting a “Sequence Listing XML” in response to a notice from the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), applicants must include a specific statement regarding the content of the submission. MPEP 2414.05 states: “The “Sequence Listing XML” must be accompanied by a statement that the information recorded does…

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What happens if I submit a non-English InventionTitle to the USPTO for an international application?

If you submit a non-English InventionTitle to the USPTO for an international application, where the USPTO is acting as the Receiving Office (RO/US), your application will be transferred to the International Bureau. According to MPEP 2413.01(i): “If non-English language is presented to RO/US for a ‘Sequence Listing XML,’ then RO/US will transfer the international application…

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What happens if a “Sequence Listing XML” is not submitted with an international application?

If a “Sequence Listing XML” is not submitted with an international application, the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) may issue a notice requiring compliance. According to MPEP 2414.05: “Where applicant has not provided a sequence listing in accordance with Annex C of the Administrative Instructions and the USPTO…

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What fees are associated with late submission of a “Sequence Listing XML” in PCT applications?

When submitting a “Sequence Listing XML” in response to a notice from the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), applicants are required to pay a late furnishing fee. According to MPEP 2414.05: “In response to such a requirement, the late furnishing fee set forth in § 1.445(a)(5) is also…

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What are the consequences of failing to timely provide a required “Sequence Listing XML”?

If an applicant fails to timely provide a required “Sequence Listing XML” in response to a notice from the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), there are significant consequences for the search and examination of the application. MPEP 2414.05 states: “If the applicant fails to timely provide the required…

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Who needs to sign an international patent application?

According to MPEP 1820, an international patent application must be signed by the applicant(s). Specifically: “Pursuant to PCT Rule 4.15, the international application must be signed in Box No. X of the request by the applicant, or, where there are two or more applicants, by all of them.” However, it’s important to note that: “Under…

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