What are the requirements for a depository to be recognized as suitable by the USPTO?

For a depository to be recognized as suitable by the USPTO, it must meet several requirements as outlined in 37 CFR 1.803(a). These include: Having a continuous existence Existing independently of the depositor’s control Possessing sufficient staff and facilities for examination and storage Providing safety measures to minimize the risk of losing biological material Being…

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What are the requirements for a proper 37 CFR 1.501 submission?

A proper submission under 37 CFR 1.501 must meet specific requirements. According to the MPEP, a proper submission: Is limited to patents, printed publications, and/or patent owner written claim scope statements and additional information Includes the requisite citation description and information Includes proof of service on the patent owner (if submitted after an order for…

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How can I request a customer number for patent-related purposes?

To request a customer number for patent-related purposes, you can use Form PTO/SB/125, titled “Request for Customer Number.” This form is specifically mentioned in MPEP 2595, which states: “Form PTO/SB/125 (“Request for Customer Number”) may be used to request a customer number.” A customer number is useful for various patent-related communications with the USPTO, including…

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What is the difference between a replacement and supplemental deposit?

While both replacement and supplemental deposits are mentioned in MPEP 2407, they serve different purposes: Replacement deposit: This is made when the original deposit is no longer viable or available. It replaces the original deposit entirely. Supplemental deposit: This is made to add to or enhance the original deposit, without necessarily replacing it. The MPEP…

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When is a replacement deposit not required for biological materials?

A replacement deposit of biological materials is not required under certain conditions, even if the depository cannot furnish samples to requesters outside its jurisdiction. According to MPEP 2407.05, these conditions are: National security reasons Health reasons Environmental safety reasons As stated in the MPEP: “The provisions of 37 CFR 1.805(h) indicate that a replacement deposit…

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What types of status reports are available for reexamination proceedings?

Various status reports are available for reexamination proceedings to ensure they are processed with “special dispatch.” According to MPEP 2235: “Various reports can be generated for the event reporting discussed above. The primary purpose of these reports is to assure that reexaminations are, in fact, processed with “special dispatch.”“ Some examples of available reports include:…

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