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 happens if a PCT application lacks a compliant sequence listing?
If a PCT application lacks a compliant sequence listing, the following process may occur: The International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) may invite the applicant to furnish a compliant sequence listing. The invitation will specify a time limit for response and may require payment of a late furnishing fee. If the…
Read MoreHow does the ISA determine if unity of invention exists a priori?
How does the ISA determine if unity of invention exists a priori? The International Searching Authority (ISA) determines unity of invention a priori by examining the claims before considering the prior art. According to MPEP 1850: “Lack of unity of invention may be directly evident ‘a priori,’ that is, before considering the claims in relation…
Read MoreHow does the ISA handle lack of unity of invention in PCT applications?
How does the ISA handle lack of unity of invention in PCT applications? When the International Searching Authority (ISA) identifies a lack of unity of invention in a PCT application, it follows a specific procedure. According to MPEP 1850: “If the International Searching Authority finds that the international application does not comply with the requirement…
Read MoreWhich International Searching Authorities can perform a Supplementary International Search?
Not all International Searching Authorities (ISAs) can perform a Supplementary International Search (SIS). According to PCT Rule 45bis.9(a): An International Searching Authority shall be competent to carry out supplementary international searches if its preparedness to do so is stated in the applicable agreement under Article 16(3)(b), subject to any limitations and conditions set out in…
Read MoreWhen did the EPO become available as an International Searching Authority for U.S. applicants?
The European Patent Office (EPO) became available as an International Searching Authority (ISA) for PCT applications filed by U.S. nationals or residents on October 1, 1982. MPEP 1840.01 specifically states: “Since October 1, 1982, the European Patent Office (EPO) has been available as an International Searching Authority for PCT applications filed by U.S. nationals or…
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