How long must a biological deposit remain viable for patent purposes?
How long must a biological deposit remain viable for patent purposes? A biological deposit must remain viable for the entire enforceable life of the patent. According to MPEP 2409: “A deposit made before the application is filed must be maintained in a viable and uncontaminated condition for a period of at least thirty (30) years…
Read MoreWhat happens if the 30-year term of deposit expires before the end of the patent’s enforceable life?
If the 30-year term of deposit would expire within the enforceable life of the patent, additional measures must be taken. The MPEP states: In the event that the 30-year term of deposit measured from the date of deposit would necessarily terminate within the period of enforceability of the patent (the patent term (see MPEP §…
Read MoreWhat is double patenting?
Double patenting is a judicial doctrine that prevents the unjustified extension of patent exclusivity beyond the term of a patent. There are two types of double patenting rejections: Statutory double patenting under 35 U.S.C. 101, which prohibits claiming the same invention twice Nonstatutory double patenting, which is based on a judicially created doctrine to prevent…
Read MoreCan USPTO employees provide information about patent expiration dates?
USPTO employees can provide general information about patent term calculation but are restricted from offering specific expiration dates for individual patents. According to MPEP 1701: “Office employees may provide factual information regarding the calculation of patent term in general (i.e., a design patent term is 15 years-from-grant if the underlying design patent application was filed…
Read MoreWhat actions can the USPTO take after a patent has been granted?
Once a patent has been granted, the U.S. Patent and Trademark Office (USPTO) has limited authority to take action concerning it. MPEP 1305 states: “Once the patent has been granted, the U.S. Patent and Trademark Office can take no action concerning it, except as provided in 35 U.S.C. 135, 35 U.S.C. 154, 35 U.S.C. 156,…
Read MoreWhat is a terminal disclaimer?
A terminal disclaimer is a statement filed by a patent applicant or owner that disclaims or dedicates to the public the entire term or any terminal part of the term of a patent or patent to be granted. It is typically used to overcome nonstatutory double patenting rejections. The MPEP states: A terminal disclaimer is…
Read MoreAre the transitional application provisions applicable to applications filed after June 8, 1995?
No, the transitional application provisions are not applicable to applications filed after June 8, 1995. The MPEP clearly states: “37 CFR 1.129(c) clarifies that the provisions of 37 CFR 1.129(a) and (b) are not applicable to any application filed after June 8, 1995.“ However, it’s important to note that while these specific provisions do not…
Read MoreHow do terminal disclaimers affect reissue patents?
How do terminal disclaimers affect reissue patents? Terminal disclaimers filed for the original patent continue to apply to reissue patents. According to MPEP 1405: “Any terminal disclaimer filed in the original patent carries over to the reissue. This is because the reissue patent is for the same invention as that of the original patent and…
Read MoreWhat is a terminal disclaimer and how does it affect patent rights?
A terminal disclaimer is a legal document filed by a patent applicant or owner to overcome a nonstatutory double patenting rejection. Key points about terminal disclaimers include: It disclaims the terminal portion of the patent term that would extend beyond the expiration date of the reference patent or application It ensures common ownership of the…
Read MoreHow are terminal disclaimers handled in the Notice of Allowance process?
Terminal disclaimers are an important consideration in the Notice of Allowance process. The MPEP 1303 provides guidance on how these are handled: “If a terminal disclaimer has been filed in the application, the examiner should ensure that the terminal disclaimer has been properly recorded.” The process for handling terminal disclaimers includes: The examiner verifies that…
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