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 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 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 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 MoreWhat legal authorities govern the USPTO’s role as an International Preliminary Examining Authority?
The United States Patent and Trademark Office’s (USPTO) role as an International Preliminary Examining Authority (IPEA) is governed by various legal authorities. According to MPEP 1862, these include: PCT Articles: 32(2) & (3), 34(1) PCT Rules: 59.1, 63.1, 72.1, and 77.1(a) U.S. Code: 35 U.S.C. 361(c), 362(a) & (b), and 364(a) Code of Federal Regulations:…
Read MoreHow is the USPTO identified when acting as an International Preliminary Examining Authority?
When the United States Patent and Trademark Office (USPTO) acts as an International Preliminary Examining Authority (IPEA), it is identified in a specific manner. According to 37 CFR 1.416(b) in MPEP 1862: “The United States Patent and Trademark Office, when acting as an International Preliminary Examining Authority, will be identified by the full title “United…
Read MoreWhat is the agreement between the USPTO and the International Bureau regarding preliminary examination?
The United States Patent and Trademark Office (USPTO) has an agreement with the International Bureau (IB) to serve as an International Preliminary Examining Authority (IPEA). According to MPEP 1862: “An agreement was concluded between the United States Patent and Trademark Office (USPTO) and the International Bureau under which the USPTO agreed to serve as an…
Read MoreWhat is the time limit for furnishing a translation of the priority document in PCT applications?
When a translation of the priority document is required in PCT applications, there is a specific time limit for furnishing it. According to MPEP 1870: “If the application whose priority is claimed in the international application is in a language other than the language or one of the languages of the International Preliminary Examining Authority,…
Read MoreWhat standards must a sequence listing comply with in a PCT application?
Sequence listings in PCT applications must comply with specific standards set by the Administrative Instructions. According to MPEP 1877: “the International Preliminary Examining Authority may invite the applicant to furnish such a sequence listing complying with the standard provided for in the Administrative Instructions” This means that the sequence listing must adhere to the format…
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