When did the USPTO start requiring Sequence Listing XML for patent applications?
The USPTO began requiring Sequence Listing XML for certain patent applications on July 1, 2022. As stated in MPEP 2419: “[Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]” This requirement applies to patent…
Read MoreWhat is the time limit for claiming priority to a foreign application?
The time limit for claiming priority to a foreign application is generally 12 months from the filing date of the foreign application. This is in accordance with the Paris Convention and U.S. patent law. MPEP § 214, which is referenced in MPEP § 1302.06, provides detailed information on this time limit. Specifically, MPEP § 214…
Read MoreShould applicants file preliminary amendments with their patent applications?
The USPTO generally advises against filing preliminary amendments with patent applications. According to MPEP 1121: “Applicants should not file any preliminary amendment with the application. Submitting applications without any accompanying preliminary amendment reduces the processing required of the Office, and will help to ensure that patent application publications are printed correctly.” Instead of filing preliminary…
Read MoreWhat are preliminary amendments and when are they considered part of the original disclosure?
Preliminary amendments are amendments received in the USPTO on or before the mail date of the first Office action under 37 CFR 1.104. According to MPEP 714.01(e), preliminary amendments are considered part of the original disclosure under the following conditions: For applications filed on or after September 21, 2004: If the preliminary amendment is present…
Read MoreWhat are the recommended methods for filing new patent applications?
The USPTO recommends several methods for filing new patent applications, with some being more advantageous than others. According to MPEP 511, the recommended methods are: Electronic Filing System (EFS-Web or Patent Center): This is the most recommended method. As stated in MPEP 511: “In general, applicants should consider filing new patent applications (as well as…
Read MoreHow does the USPTO treat preliminary amendments filed on or after September 21, 2004?
For patent applications filed on or after September 21, 2004, the United States Patent and Trademark Office (USPTO) has a specific policy regarding preliminary amendments. According to MPEP 608.04(b): For applications filed on or after September 21, 2004, the Office will automatically treat any preliminary amendment under 37 CFR 1.115(a)(1) that is present on the…
Read MoreCan I use a Certificate of Mailing or Transmission for all USPTO correspondence?
No, the Certificate of Mailing or Transmission cannot be used for all USPTO correspondence. The MPEP 512 specifies certain types of correspondence that are excluded from the certificate practice: “The Certificate of Mailing or Transmission procedure does not apply to: (A) Relative to Patents and Patent Applications— (1) The filing of a national patent application…
Read MoreCan a company be listed as the applicant for a patent application?
Yes, a company can be listed as the applicant for a patent application, but the rules differ depending on when the application was filed. According to MPEP § 605: For applications filed on or after September 16, 2012: “Effective September 16, 2012, the Office revised the rules of practice to permit a person to whom…
Read MoreWhat are the requirements for filing a divisional application?
The key requirements for filing a divisional application include: The divisional application must be filed before the patenting or abandonment of the parent application. It must claim only subject matter disclosed in the parent application. It must be filed under 37 CFR 1.53(b) (or 37 CFR 1.53(d) if it is a design application). The inventorship…
Read MoreCan a patent application be filed on behalf of a deceased inventor?
Yes, a patent application can be filed on behalf of a deceased inventor under certain circumstances: The application must be filed by the legal representative of the deceased inventor’s estate. The legal representative must submit an oath or declaration and any necessary assignments. The application should be filed as soon as possible after the inventor’s…
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