How does the USPTO process Sequence Listing XML files?
The USPTO uses the Sequence Listing Information Control (SLIC) system to process “Sequence Listing XML” files. As stated in MPEP 2419: “At the USPTO, the Sequence Listing Information Control (SLIC) system will be responsible for processing of a ‘Sequence Listing XML’ and exporting the sequence data for publication and grant.” This system ensures that the…
Read MoreHow does the USPTO ensure public access to deposited biological materials?
The USPTO ensures public access to deposited biological materials through specific requirements outlined in MPEP 2410.01. These include: Requiring that all restrictions on access be irrevocably removed upon patent grant. Ensuring the deposit is made in a recognized facility. Mandating that the deposit be available to the public upon patent issuance. The MPEP states: “All…
Read MoreWhen does the USPTO provide notification of Patent Term Adjustment?
The USPTO’s notification process for Patent Term Adjustment (PTA) has changed due to the AIA Technical Corrections Act. As stated in MPEP 2733: “The Office will no longer provide a notification of the patent term adjustment with the mailing of the notice of allowance for any patent granted on or after January 14, 2013.” Instead,…
Read MoreHow does the Statement of Grant of Protection differ from a patent grant?
While both a Statement of Grant of Protection and a patent grant indicate that protection has been granted for an industrial design, they serve different purposes and are issued in different contexts: Patent Grant: Is the official document issued by the USPTO that confers the legal right of the patent Provides detailed information about the…
Read MoreWhat are the requirements for releasing biological material deposits to the public?
What are the requirements for releasing biological material deposits to the public? The requirements for releasing biological material deposits to the public are detailed in MPEP 2410.01. The key requirement is: “All restrictions on availability to the public of the deposited material will be irrevocably removed upon the granting of a patent disclosing the deposit.”…
Read MoreIs there a difference in replacing deposits during patent application versus after grant?
Yes, there is a difference in the flexibility allowed for replacing deposits during the patent application process compared to after the patent has been granted. The MPEP notes: “An applicant may have greater latitude in replacing a deposit during the pendency of an application than after the patent is granted.” This suggests that applicants have…
Read MoreWhat is Patent Term Adjustment (PTA) and how is it determined?
Patent Term Adjustment (PTA) is a mechanism to compensate patent applicants for delays in the patent examination process. It is determined based on various factors and calculations as outlined in 35 U.S.C. 154(b). According to MPEP 2733, “The patent will include notification of any patent term adjustment under 35 U.S.C. 154(b).” This means that the…
Read MoreWhat is the significance of the two-year period mentioned in MPEP 1403 for reissue applications?
What is the significance of the two-year period mentioned in MPEP 1403 for reissue applications? The two-year period mentioned in MPEP 1403 is significant for reissue applications because it serves as a benchmark for determining whether an explanation for delay is required. Specifically: “A reissue application can be filed within two years from the grant…
Read MoreHow are requests for withdrawal from issue handled in patent examination?
Requests for withdrawal from issue are among the exceptions to partial signatory authority in patent examination, as outlined in MPEP 1005. This means that such requests require the signature of a primary examiner, Technology Center Director, or practice specialist, even if the examiner has partial signatory authority. The process for handling requests for withdrawal from…
Read MoreWhat is the time limit for filing a broadening reissue application?
According to 35 U.S.C. 251(d), there is a 2-year time limit for filing broadening reissue applications. The MPEP states: No reissued patent shall be granted enlarging the scope of the claims of the original patent unless applied for within two years from the grant of the original patent. However, it’s important to note that a…
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