How do I submit a biological sequence listing for a patent application filed before July 1, 2022?
For patent applications filed before July 1, 2022, biological sequence listings should be submitted as follows: Prepare a “Sequence Listing” as an ASCII plain text file. Ensure the file complies with 37 CFR 1.821 – 1.824. Submit the file via the USPTO patent electronic filing system or on a read-only optical disc. As stated in…
Read MoreCan a suspended or excluded practitioner inspect patent applications?
No, a suspended or excluded practitioner cannot inspect patent applications. According to MPEP 105, “Power to inspect given to such an attorney or agent will not be accepted.” This means that the USPTO will not allow suspended or excluded practitioners to access or review patent applications, even if they are given permission by the applicant.…
Read MoreHow should trademarks be used in patent applications?
When using trademarks in patent applications: Capitalize each letter of the trademark Use the trademark symbol ® or TM as appropriate Accompany the trademark with generic terminology Respect the proprietary nature of the mark According to MPEP 608.01(v): “Although the use of marks having definite meanings is permissible in patent applications, the proprietary nature of…
Read MoreAre USPTO employees allowed to communicate with suspended or excluded practitioners?
Generally, no. MPEP 105 states: “U.S. Patent and Trademark Office (USPTO) employees are forbidden to hold either oral or written communication with an attorney or agent who has been suspended or excluded from practice by the USPTO regarding an application.” This prohibition applies to all forms of communication about patent applications with suspended or excluded…
Read MoreHow should USPTO employees verify the identity of email senders in patent communications?
USPTO employees are required to verify the identity of email senders in patent communications to prevent misrepresentation or spoofing. According to MPEP 502.03: ‘Email must be initiated by a registered practitioner, or an applicant in a pro se application, and sufficient information must be provided to show representative capacity in compliance with 37 CFR 1.34.’…
Read MoreHow does the USPTO handle offensive language in patent applications?
The USPTO has specific guidelines for handling offensive language in patent applications. According to MPEP 608: “If during the course of examination of a patent application, an examiner notes the use of language that could be deemed offensive to any race, religion, sex, ethnic group, or nationality, he or she should object to the use…
Read MoreHow does the USPTO handle photographs in patent applications?
How does the USPTO handle photographs in patent applications? The USPTO has specific guidelines for handling photographs in patent applications: General rule: As stated in MPEP 608.02(a), “Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications.” Exceptions: Photographs are accepted in applications where they are the only practicable medium…
Read MoreWhat is the impact of incorporating by reference in patent applications?
Incorporating by reference in patent applications can have significant impacts: It allows applicants to include the content of another document without reproducing it in full. The incorporated material becomes part of the application as if it were explicitly included. It can provide support for claims and help meet disclosure requirements. MPEP 211.05 mentions: An incorporation…
Read MoreWhat constitutes inherent characteristics in patent applications?
What constitutes inherent characteristics in patent applications? Inherent characteristics in patent applications refer to properties or features that are necessarily present in the invention but may not be explicitly stated in the original disclosure. MPEP 608.04(a) provides guidance on this: ‘Inherent characteristics of materials and properties of processes are not considered to be new matter.’…
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