What are the requirements for submitting a translated “Sequence Listing XML”?
When submitting a translated “Sequence Listing XML”, the following requirements apply: The translation must comply with 37 CFR 1.831 through 1.834. The translated “Sequence Listing XML” should contain English versions of any previously non-English language-dependent free text elements. Updated values for attributes in the root element (37 CFR 1.833(b)(2)(iii)) or elements of the general information…
Read MoreHow can an applicant overcome a rejection based on a deposit not being made or identified?
To overcome a rejection based on a deposit not being made or identified, an applicant has several options as outlined in MPEP 2411.02: Make the deposit: If a deposit has not been made, the applicant can make the deposit and provide the required information. Identify an existing deposit: If the deposit has already been made,…
Read MoreHow does the USPTO handle telephone restriction requirements in patent applications?
When a restriction requirement is made via telephone and the applicant makes an oral election of a single invention, the USPTO follows a specific procedure. According to MPEP 810: “In those applications wherein a requirement for restriction is made via telephone and applicant makes an oral election of a single invention, the written record of…
Read MoreHow does a telephone restriction requirement differ from a written restriction requirement in patent applications?
The main difference between telephone and written restriction requirements in patent applications lies in the timing and content of the examiner’s response. According to MPEP 810: Written Restriction Requirement:“In general, in an application when only a nonfinal written requirement to restrict is made, no action on the merits is given.” Telephone Restriction Requirement:“In those applications…
Read MoreWhat is the statutory period for replying to a written restriction requirement in a patent application?
The statutory period for replying to a written restriction requirement in a patent application is specified in MPEP 810: “A 2-month shortened statutory period will be set for reply when a written restriction requirement is made without an action on the merits. This period may be extended under the provisions of 37 CFR 1.136(a).” Key…
Read MoreHow can an applicant request consideration of an earlier search in a PCT application?
To request consideration of an earlier search in a PCT application, the applicant must follow these steps: Indicate in the PCT request form that they wish the International Searching Authority (ISA) to take into account the results of an earlier search. Specify the Authority or Office that conducted the earlier search. Identify the application for…
Read MoreAre there any exceptions to submitting copies of earlier search results or applications?
Yes, there are several exceptions to the requirement of submitting copies of earlier search results or applications when requesting consideration of an earlier search in a PCT application. According to MPEP 1819, which cites PCT Rule 12bis.1, the following exceptions apply: Same Office Exception: “Where the earlier search was carried out by the same Office…
Read MoreWhat is the procedure for withdrawing a patent application from issue?
The procedure for withdrawing a patent application from issue involves several steps, as outlined in MPEP 1308.01: The examiner notifies the Office of Patent Application Processing (OPAP) to withdraw the application from issue. OPAP then forwards the application to the Technology Center (TC) for processing. The TC Technical Support Staff (TSS) processes the withdrawal and…
Read MoreWhat is the general procedure for action on the merits in a patent application with a restriction requirement?
In general, when a nonfinal written restriction requirement is made in a patent application, no action on the merits is given. The procedure typically follows these steps: A 2-month shortened statutory period is set for reply to the written restriction requirement. This period may be extended under 37 CFR 1.136(a). The Office action making the…
Read MoreWhen should a restriction requirement be made final in a patent application?
The timing of making a restriction requirement final in a patent application is addressed in MPEP 810, which states: “The restriction requirement should be made final as soon as reasonably possible. If the election is made with traverse, it is proper to make the restriction requirement final after consideration of the reasons for traversal.” This…
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