What are the file size limits for ASCII plain text files submitted as part of a patent application?
According to MPEP 608.05, ASCII plain text files submitted as part of a patent application have specific size limits: For Sequence Listings: 100 MB For Large Tables: 300 MB For Computer Program Listing Appendices: 300 MB The MPEP states: “ASCII plain text files are limited to 100 MB for Sequence Listings, and 300 MB for…
Read MoreHow are Article 34 amendments handled in the US national stage application?
Article 34 amendments made during the international preliminary examination phase are handled as follows in the US national stage application: The amendments are annexed to the international preliminary examination report (IPER) by the International Preliminary Examining Authority. If the annexes are in English, they will normally be entered into the US national stage application unless…
Read MoreAre applicants required to submit sketches of claim structure?
No, applicants are not required to submit sketches of claim structure. MPEP 904.01(a) explicitly states that “an applicant will not be required to submit such sketches of claim structure.” This provision is based on the decision in In re Application filed November 16, 1945, 89 USPQ 280, 1951 C.D. 1, 646 O.G. 5 (Comm’r Pat.…
Read MoreWhat are the requirements for an appeal brief in a patent application?
An appeal brief in a patent application must comply with the requirements set forth in 37 CFR 41.37. The key requirements include: Only one copy of the appeal brief is required. The brief must be filed within two months from the date of filing the notice of appeal. The appeal brief fee is $0.00. The…
Read MoreWhat is an annotated drawing sheet and when is it used in patent applications?
An annotated drawing sheet is a marked-up copy of an amended drawing figure that includes annotations indicating the changes made. The MPEP provides guidance on when and how to use annotated drawing sheets: An annotated drawing sheet may be submitted by the applicant or required by the examiner. It must be clearly labeled as “Annotated…
Read MoreCan amendments be incorporated into the translation of a PCT application for U.S. national stage entry?
No, amendments cannot be incorporated into the translation of a PCT application for U.S. national stage entry. The MPEP clearly states: “Amendments, even those considered to be minor or to not include new matter, may not be incorporated into the translation.” Instead, if an applicant wishes to make amendments to the international application for the…
Read MoreWhat happens if an amendment is filed after a patent application has been allowed?
When an amendment is filed after a patent application has been allowed, the handling depends on the nature of the amendment: If the amendment is filed under 37 CFR 1.312, it will be processed according to the procedures outlined in MPEP § 714.15 to § 714.16(e). If the amendment contains claims copied from a patent…
Read MoreCan amendments be made to a patent application after receiving a D-10 Notice?
Yes, amendments can be made to a patent application after receiving a D-10 Notice, but they are subject to specific procedures. The MPEP Section 1304 states: “For amendments received after D-10 Notice, see MPEP § 130.” This directive indicates that there are special considerations for amendments submitted at this late stage of the examination process.…
Read MoreHow should amendments to ASCII plain text file submissions be made?
To amend ASCII plain text file submissions (e.g., Sequence Listings, Large Tables, or Computer Program Listing Appendices): Submit a replacement ASCII plain text file Include a request to incorporate the replacement file by reference Provide a statement identifying the location of all changes Include a statement that the replacement file contains no new matter For…
Read MoreHow should amendments be made to ASCII plain text file submissions in patent applications?
Amendments to ASCII plain text file submissions in patent applications must follow specific procedures: Submit a replacement ASCII plain text file via the USPTO patent electronic filing system or on a read-only optical disc. If submitted on a read-only optical disc, label it as “REPLACEMENT MM/DD/YYYY” with the date of creation. Include a request to…
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