How does the USPTO enforce the ‘one independent and distinct design’ rule in international applications?
The USPTO enforces the ‘one independent and distinct design’ rule in international design applications through specific procedures outlined in MPEP 2920.05(b): The examiner may issue an Office action requiring restriction to a single design. The USPTO may request that WIPO invite the applicant to limit the application to a single design. The MPEP provides specific…
Read MoreWhat is the “Title Element” in a Sequence Listing XML?
The “Title Element,” also known as the InventionTitle element, is a required component of the “general information” part of the “Sequence Listing XML” in patent applications. According to MPEP 2413.01(i), this element “need not be in English,” and applicants can provide multiple InventionTitle elements in different languages. To learn more: Sequence Listing XML InventionTitle Patent…
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 MoreDoes the Sequence Listing XML requirement apply to international applications entering the national stage?
Yes, the Sequence Listing XML requirement applies to international applications entering the national stage based on their international filing date. The MPEP states: “As provided in 35 U.S.C. 363, the filing date of an international stage application is also the filing date for the national stage application filed under 35 U.S.C. 371. Accordingly, for applications…
Read MoreWhat are the requirements for submitting sequence listings in international applications?
For international applications, MPEP 2422.07 outlines specific requirements for submitting sequence listings: “Where a sequence listing under PCT Rule 13ter is provided in reply to a under 37 CFR 1.821(h) , the sequence listing must be accompanied by a statement that the information recorded in the ASCII plain text file under 37 CFR 1.821(e)(3)(i) is…
Read MoreWhat are the requirements for international applications disclosing nucleic acid or amino acid sequences?
For international applications subject to WIPO ST.25 requirements that disclose nucleic acid or amino acid sequences, specific rules apply. MPEP 2420 states: “See PCT Rule 5 and Rule 13ter, and MPEP § 1823.02 and § 2422, for the requirements under the PCT for international applications subject to WIPO ST.25 requirements and that disclose nucleic acid…
Read MoreHow does a proper priority claim affect the prior art status of international applications?
A proper priority claim can significantly affect the prior art status of international applications. The MPEP 2127 provides guidance on this: “If the international application does not have an earlier effective date under 35 U.S.C. 102(e) based on a proper priority claim to an earlier filed U.S. application, the international application is only effective as…
Read MoreWhat is the “pre-AIPA” version of 35 U.S.C. 102(e) and when does it apply?
The “pre-AIPA” version of 35 U.S.C. 102(e) refers to the law as it was in force on November 28, 2000, before the changes made by the American Inventors Protection Act (AIPA). This version applies to patents issued from international applications filed before November 29, 2000. According to the MPEP, Patents issued directly, or indirectly, from…
Read MoreHow does pre-AIA 35 U.S.C. 102(e) apply to international applications?
Pre-AIA 35 U.S.C. 102(e) applies to certain international applications as prior art. According to the MPEP, The prior art date of a reference under pre-AIA 35 U.S.C. 102(e) may be the international filing date if the international filing date was on or after November 29, 2000, the international application designated the United States, and the…
Read MoreWhat is the effect of non-English WIPO publications under pre-AIA 35 U.S.C. 102(e)?
Non-English WIPO publications have a specific treatment under pre-AIA 35 U.S.C. 102(e). The MPEP clearly states: “All references, whether the WIPO publication, the U.S. patent application publication or the U.S. patent, of an international application (IA) that was filed on or after November 29, 2000, but was not published in English under PCT Article 21(2)…
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