Which nucleotides are considered “specifically defined” according to WIPO Standard ST.26?

According to MPEP 2412.03(a), WIPO Standard ST.26 defines “specifically defined” nucleotides as any nucleotide other than those represented by the symbol “n”. The MPEP provides a table of nucleotide symbols, where: Symbols a, c, g, and t/u represent specifically defined nucleotides Symbols like m, r, w, s, y, k, v, h, d, and b represent…

Read More

What does “specifically defined” mean in the context of nucleotide and amino acid sequences?

According to MPEP 2412.03(a), “specifically defined” refers to any amino acid or nucleotide as defined in paragraph 3(k) of WIPO Standard ST.26. The MPEP states: “Specifically defined” means any amino acid or nucleotide as defined in paragraph 3(k) of WIPO Standard ST.26. This definition applies to patent applications filed on or after July 1, 2022,…

Read More

What is the role of “specific and substantial utility” in patent applications?

“Specific and substantial utility” is a crucial concept in patent law that determines the patentability of an invention. The MPEP 2107.01 states: “Courts have used the labels “practical utility,” “substantial utility,” or “specific utility” to refer to this aspect of the “useful invention” requirement of 35 U.S.C. 101. The Court of Customs and Patent Appeals…

Read More

What is the significance of working examples in computer programming patent applications?

Working examples play a crucial role in computer programming patent applications, particularly in demonstrating enablement. MPEP 2164.06(c) emphasizes their importance: “The presence of a working example in the specification provides strong evidence that the disclosure is enabling.” Working examples serve several purposes: They demonstrate that the invention is operable and can be implemented They provide…

Read More

What is the significance of MPEP § 2277 in relation to Board decisions?

MPEP § 2277 serves as a crucial reference point for understanding how Board decisions are handled in both patent applications and ex parte reexamination proceedings. The section states: “MPEP § 1213 through § 1213.03 relate to decisions of the Board for both applications and ex parte reexamination proceedings.” This reference is significant because it directs…

Read More

What is the significance of “interfering subject matter” in patent applications?

The concept of “interfering subject matter” is significant in patent law because it helps determine whether multiple applications or patents are claiming the same invention. This is crucial for several reasons: It ensures that only one patent is granted for a single invention It helps resolve disputes between inventors claiming the same or similar inventions…

Read More

What types of sequences must be included in a Sequence Listing XML?

According to MPEP 2412.02, a Sequence Listing XML must include nucleotide and/or amino acid sequences that are disclosed by enumeration of their residues in patent applications. The MPEP cites 37 CFR 1.831(a), which states: “Patent applications disclosing nucleotide and/or amino acid sequences by enumeration of their residues, as defined in paragraph (b) of this section,…

Read More

What sequences must be included in a “Sequence Listing XML”?

According to MPEP 2412.03, the following sequences must be included in a “Sequence Listing XML”: Unbranched sequences or linear regions of branched sequences containing 4 or more specifically defined amino acids forming a single peptide backbone Unbranched sequences or linear regions of branched sequences of 10 or more specifically defined nucleotides joined by phosphodiester linkages…

Read More