What is the critical reference date for a U.S. patent or patent application publication?

The critical reference date for a U.S. patent or patent application publication under 35 U.S.C. 102(e) as amended by the American Inventors Protection Act of 1999 (AIPA) (pre-AIA) is the earliest effective U.S. filing date. This is stated in MPEP 2136.03: “The critical reference date of a U.S. patent or patent application publication under pre-AIA…

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How are lengthy sequence listings handled in patent application publications?

Lengthy sequence listings are handled differently in patent application publications due to their size and format. According to MPEP 1121: “Due to the high cost and limited usefulness of printed paper or composed electronic image versions of lengthy nucleotide and/or amino acid sequences, ‘Sequence Listings’ (for applications filed before July 1, 2022) and ‘Sequence Listing…

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What is the purpose of republication of patent application publications?

The purpose of republication of patent application publications is to correct errors in the original publication or to add previously omitted material. According to MPEP 1130: “The Office may republish patent application publications as corrected publications. Republication may be required when the Office becomes aware of a significant error in a patent application publication that…

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What is included in a patent application publication?

A patent application publication typically includes: A front page with information similar to that on a patent front page Drawings (if any) The specification (including claims) The publication is generally based on: Patent application papers and drawings filed on the application filing date The executed oath or declaration and/or application data sheet (for applications filed…

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How can applicants correct errors in a published patent application?

Correcting errors in a published patent application depends on the nature of the error and when it’s discovered. According to MPEP 1121: Before publication: Applicants can review bibliographic information and scanned application papers via Patent Center or Private PAIR Errors should be brought to the Office’s attention before technical preparations for publication begin (generally four…

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What is the deadline for updating residence information for patent application publication?

According to MPEP 719.02, there is a specific deadline for updating residence information to be reflected in a patent application publication: For a patent application publication to be published with residence information that differs from that originally filed, the revised information must be entered into the Office electronic records at least nine weeks before the…

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