Can a filing date be vacated after it has been assigned to an ex parte reexamination request?

Yes, a filing date can be vacated after it has been assigned to an ex parte reexamination request if non-compliance issues are discovered during the examiner’s review. The MPEP 2227 outlines this process: “If, in the process of reviewing the request, the examiner notes a non-compliance item not earlier recognized, the examiner will communicate with…

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How does the USPTO handle applications with sequence listings that do not comply with 37 CFR 1.821-1.825?

The USPTO has specific procedures for handling applications with non-compliant sequence listings, as outlined in MPEP 2422.07: If the application is accepted for filing but the sequence listing is found to be non-compliant, the applicant will be notified. The applicant will be given a time period (usually two months) to submit a compliant “Sequence Listing.”…

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What happens if an international design application does not comply with applicable requirements?

If an international design application does not comply with applicable requirements, including missing elements required under Article 5(2) of the Hague Agreement, the International Bureau will take specific actions. According to MPEP 2907: “If the international design application does not comply with the applicable requirements, including any missing element required under Article 5(2), the International…

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What happens if a required “Sequence Listing XML” is missing or non-compliant in a patent application?

If a required “Sequence Listing XML” is missing or non-compliant in a patent application, the following process typically occurs: During pre-examination or initial review, USPTO staff or the examiner identifies that a “Sequence Listing XML” is required but missing or not compliant with 37 CFR 1.831-1.834. A notice indicating the deficiencies will be issued to…

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What are the consequences of submitting a sequence listing that does not comply with 37 CFR 1.821-1.825?

According to MPEP 2422.07, submitting a sequence listing that does not comply with 37 CFR 1.821-1.825 can have serious consequences: The application may be regarded as incomplete and therefore may not be accepted for filing. If accepted for filing, the application may be denied the filing date. If granted a filing date, the application may…

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What are the consequences of submitting non-compliant sequence listings in a patent application?

Submitting non-compliant sequence listings in a patent application can have serious consequences. According to MPEP 2422.07: “Applications filed on or after January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be accepted and the defective sequence listing will be treated in accordance with 37 CFR 1.52(e)(8).” This means: The application…

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