Which patents are subject to maintenance fees?
Maintenance fees are required for utility patents based on applications filed on or after December 12, 1980. As stated in MPEP 2504: “Maintenance fees are required to be paid in all patents based on applications filed on or after December 12, 1980, except as noted in paragraph (b) of this section, to maintain a patent…
Read MoreWhat software can be used to generate WIPO ST.25 compliant sequence listings?
The MPEP recommends using PatentIn Version 3.5.1 software for generating sequence listings that comply with WIPO ST.25 standards. According to MPEP 2422: “PatentIn Version 3.5.1 software (see MPEP § 2430) generates sequence listings that meet all of the requirements of WIPO Standard ST.25 (2009).“ This software ensures that the generated sequence listings meet both USPTO…
Read MoreWhat types of patent proceedings might require a replacement deposit?
Replacement deposits may be required in various types of patent proceedings where the original deposit is no longer viable or accessible. MPEP 2407.03 specifically mentions two types of proceedings: “…for example a reissue or reexamination proceeding, where a deposit is considered to be necessary to satisfy the requirements of 35 U.S.C. 112…” These proceedings include:…
Read MoreWhat types of patent documents might lead to the discovery of additional parties in an interference?
During an interference proceeding, an examiner may discover additional parties through various patent documents. The MPEP 2307.04 mentions: “During the course of an interference, the examiner may come across applications or patents of parties that claim the same invention, but are not already involved in the interference.” This indicates that the types of patent documents…
Read MoreWhat types of patent applications require a Sequence Listing XML?
According to MPEP 2415, the Sequence Listing XML requirement applies to “Patent applications that contain disclosures of nucleotide and/or amino acid sequences.” This means any patent application filed on or after July 1, 2022, that includes biological sequence data as defined in 37 CFR 1.831(b) must submit this data in the Sequence Listing XML format…
Read MoreHow are nucleotide sequences treated in patent applications?
Nucleotide sequences that encode different proteins are typically treated as structurally distinct chemical compounds in patent applications. The MPEP states: “Polynucleotide molecules defined by their nucleic acid sequence (hereinafter “nucleotide sequences”) that encode different proteins are structurally distinct chemical compounds. These sequences are thus deemed to normally constitute independent and distinct inventions within the meaning…
Read MoreWhat format should be used for nucleotide sequences in patent applications?
What format should be used for nucleotide sequences in patent applications? According to MPEP 2412.05, nucleotide sequences in patent applications must follow a specific format: “A nucleotide sequence must be presented as a lowercase sequence using the standard symbols for nucleotides.” This means that when presenting nucleotide sequences in your patent application: Use lowercase letters…
Read MoreHow do the sequence rules apply to nucleotide sequences in patent applications?
How do the sequence rules apply to nucleotide sequences in patent applications? The sequence rules for nucleotide sequences in patent applications have specific requirements as outlined in MPEP 2412.01: “The rules require disclosure of nucleotide and/or amino acid sequences […] if a sequence is disclosed in a patent application by enumeration of its residues and…
Read MoreHow should nucleotide sequences be represented in patent applications?
According to MPEP 2412.05(b), nucleotide sequences in patent applications filed on or after July 1, 2022, must be represented as follows: A single strand, in the 5′ to 3′ direction from left to right Using only lower-case letters The first nucleotide is residue position number 1 Numbering is continuous throughout the sequence As stated in…
Read MoreWhat is a non-lengthy “Sequence Listing XML” in patent applications?
A non-lengthy “Sequence Listing XML” in patent applications refers to an XML file containing nucleotide and/or amino acid sequence information that, when transformed into an ASCII text file using a style sheet, results in a file size under 600KB. According to MPEP 2419.01, these non-lengthy sequence listings are published as part of the patent specification:…
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