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…
Read MoreWhat are the requirements for submitting a “Sequence Listing” in an international application (PCT) via the USPTO patent electronic filing system?
When submitting a “Sequence Listing” in an international application (PCT) via the USPTO patent electronic filing system, there are specific requirements and recommendations: It is highly recommended to submit the sequence listing as a single ASCII plain text file with a “.txt” extension on the international filing date. The size limit for submitting a sequence…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreWhat 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…
Read MoreHow does the publication of an international application affect the protest submission period?
The publication of an international application under the Patent Cooperation Treaty (PCT) does not affect the protest submission period for national stage applications. According to MPEP 1901.04: “Publication under the Patent Cooperation Treaty (PCT) by the World Intellectual Property Organization (WIPO) of an international application would not trigger the end of the 37 CFR 1.291(b)…
Read MoreWhat 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…
Read MoreWho 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…
Read More