How should chemical formulae be included in a PCT application abstract?
When including chemical formulae in a PCT application abstract, follow these guidelines: Include the chemical formula that best characterizes the invention. Choose the most characteristic formula among all formulae contained in the application. MPEP 1826 states: “Where applicable, the chemical formula which, among all the formulae contained in the international application, best characterizes the invention.”…
Read MoreCan an applicant challenge a restriction requirement?
Yes, an applicant can challenge a restriction requirement made by a patent examiner. The MPEP § 821 provides guidance on this process: “Applicant may traverse the requirement pursuant to 37 CFR 1.143. If a final requirement for restriction is made by the examiner, applicant may file a petition under 37 CFR 1.144 for review of…
Read MoreWhat is the cancellation of claims to nonelected invention?
The cancellation of claims to nonelected invention refers to the process of removing claims from a patent application that were not chosen for examination. This typically occurs in applications where a restriction requirement has been made, and the applicant has elected to pursue only certain claims. According to MPEP 1302.04(c), “See MPEP § 821.01 and…
Read MoreCan I still file a request for a Statutory Invention Registration (SIR)?
No, you can no longer file a request for a Statutory Invention Registration (SIR). MPEP 1101 clearly states: “Requests for a statutory invention registration filed on or after March 16, 2013 will not be treated as the provisions of pre-AIA 35 U.S.C. 157 were repealed on March 16, 2013, effective for any request filed on…
Read MoreCan abandoned applications be voluntarily published?
No, abandoned applications are not eligible for voluntary publication. The USPTO does not intend to publish abandoned applications, even if a request for voluntary publication has been submitted and accepted. According to MPEP 1133: “Since the Office does not intend to publish abandoned applications, applications that are recognized by the Office as abandoned will not…
Read MoreCan a broad allegation of error satisfy the requirement for a complete reply to a restriction requirement?
No, a broad allegation of error is not sufficient to satisfy the requirement for a complete reply to a restriction requirement. The MPEP 818.01(a) clearly states: “A mere broad allegation that the requirement is in error does not comply with the requirement of 37 CFR 1.111.” To provide a complete reply, the applicant must specifically…
Read MoreWhat happens if the Board reverses the examiner’s rejection in a patent application?
When the Board reverses the examiner’s rejection in a patent application, the following procedures apply: The application is returned to the examiner. The examiner must take action consistent with the Board’s decision. If the Board’s decision includes an approval for claims, those claims should be allowed. The examiner must follow the Board’s instructions for any…
Read MoreHow does adding or deleting a benefit or priority claim affect the publication date of a patent application?
Adding or deleting a benefit or priority claim can potentially affect the publication date of a patent application. According to MPEP 1127: “If applicant timely adds or deletes a benefit or priority claim and the Office recognizes the correction and changes the projected publication date before the technical preparations of the application have begun, the…
Read MoreHow can an attorney or agent withdraw from a patent application before the Office of Patent Application Processing?
An attorney or agent can withdraw from representing a client in a patent application before the Office of Patent Application Processing (OPAP) by submitting a petition. The MPEP states: “Petitions for the withdrawal of attorney or agent of record under 37 CFR 1.36 in patent applications involved in proceedings before the Office of Patent Application…
Read MoreWhat are the file format requirements for ASCII plain text submissions?
ASCII plain text submissions for Sequence Listings, Large Tables, and Computer Program Listing Appendices must meet the following requirements: Must be compatible with PC or Mac computers Must be compatible with MS-DOS, MS-Windows, Mac OS, or Unix/Linux operating systems Must use only ASCII characters, including printable characters and limited control characters (e.g., line terminators) File…
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