How are mega-sequence listings (300 MB or over) handled in international applications and national stage entries?
The handling of mega-sequence listings (300 MB or over) differs between international applications and national stage entries: In international applications (PCT), submissions of mega-sequence listings are not subject to the mega-sequence listing submission fees set forth in 37 CFR 1.21(o). However, for national stage applications under 35 U.S.C. 371, the fee under 37 CFR 1.21(o)…
Read MoreAre there language requirements for the InventionTitle element in international applications?
Yes, there are specific language requirements for the InventionTitle element in international applications. According to MPEP 2413.01(i): “When the USPTO is the Receiving Office (RO/US) for an international application, the English language is required for the InventionTitle element and any other language dependent free text element of the ‘Sequence Listing XML.’” If a non-English language…
Read MoreHow are international applications treated under pre-AIA 35 U.S.C. 102(e)?
The treatment of international applications under pre-AIA 35 U.S.C. 102(e) depends on their filing date and other factors: For international applications filed on or after November 29, 2000: If the application meets three conditions: (1) international filing date on or after November 29, 2000, (2) designated the United States, and (3) published under PCT Article…
Read MoreHow does foreign priority affect patent term?
Foreign priority does not affect the calculation of patent term in the United States. As stated in the MPEP, Foreign priority under 35 U.S.C. 119(a)-(d), 365(a), 365(b), 386(a), or 386(b) is not considered in determining the term of a patent. This means that the 20-year term is calculated from the U.S. filing date, not the…
Read MoreAre there any exceptions to the requirement for incorporating the “Sequence Listing XML” by reference?
Yes, there is an exception to the requirement for incorporating the “Sequence Listing XML” by reference. According to MPEP 2413.04 and 37 CFR 1.834(c)(2): “If the ‘Sequence Listing XML’ required by § 1.831(a) is submitted in XML file format via the USPTO patent electronic filing system or on a read-only optical disc (in compliance with…
Read MoreWhat is the effective prior art date for WIPO publications of international applications?
The effective prior art date for WIPO publications of international applications depends on the specific subsection of 35 U.S.C. 102 being applied. According to MPEP 2127: “A WIPO publication of an international application that designates but does not originate in the U.S. is effective as prior art under 35 U.S.C. 102(e) as of the date…
Read MoreWhat is the critical reference date for international applications?
For international applications, the critical reference date depends on whether the international application was filed before or on/after November 29, 2000. MPEP 2136.03 provides specific guidance: “If the international application has an international filing date prior to November 29, 2000, the international application was not published under 35 U.S.C. 122(b) by WIPO. Any U.S. patent…
Read MoreHow does the USPTO process international applications for preliminary examination?
The USPTO follows a specific process for handling international applications for preliminary examination: The PCT International Application Processing Division processes the documents and fees filed with a complete demand. Once processing is complete, the international application is docketed to an examiner in the appropriate Technology Center for examination. This process ensures that all necessary paperwork…
Read MoreHow are international applications assigned for examination at the USPTO?
The assignment of international applications for examination at the USPTO follows a specific process, as outlined in MPEP 1872: “After the PCT International Application Processing Division has finished processing the documents and fees filed with a complete demand, the international application is docketed to an examiner in the appropriate Technology Center for examination.” This means…
Read MoreHow should photographs be submitted in international patent applications?
How should photographs be submitted in international patent applications? Photographs in international patent applications are subject to specific requirements. According to MPEP 1825: “Black and white photographs must be originally-filed photographs and not photocopies. Color photographs are not accepted in international applications. Any color photographs filed will be treated as black and white drawings.” When…
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