What is the significance of WIPO published applications under AIA 35 U.S.C. 102(a)(2)?
Under the America Invents Act (AIA), WIPO published applications that designate the United States are treated as U.S. patent application publications for prior art purposes. This is significant because: They are considered prior art regardless of their international filing date It doesn’t matter if they are published in English or not They are prior art…
Read MoreWhat is the requirement for submitting a “Sequence Listing XML” in international applications under the PCT?
According to MPEP 2414.05, international applications filed under the PCT that contain a disclosure of nucleotide and/or amino acid sequences must include a sequence listing part of the description that complies with the standard provided in Annex C of the Administrative Instructions. The MPEP states: “Where an international application, filed under the PCT, contains a…
Read MoreWhat are the requirements for submitting a “Sequence Listing” in an international application (PCT) via the USPTO patent electronic filing system?
When submitting a “Sequence Listing” in an international application (PCT) via the USPTO patent electronic filing system, there are specific requirements and recommendations: It is highly recommended to submit the sequence listing as a single ASCII plain text file with a “.txt” extension on the international filing date. The size limit for submitting a sequence…
Read MoreHow do filing requirements for sequence listings differ between national and international applications?
Filing requirements for sequence listings can vary between national US applications, foreign applications, and international applications. MPEP 2422 highlights some key differences: For international applications filed in paper, the sequence listing part must also be provided in paper. A copy of the sequence listing in ASCII plain text must be filed on read-only optical disc…
Read MoreWhat are the requirements for international applications disclosing nucleic acid or amino acid sequences?
For international applications subject to WIPO ST.25 requirements that disclose nucleic acid or amino acid sequences, specific rules apply. MPEP 2420 states: “See PCT Rule 5 and Rule 13ter, and MPEP § 1823.02 and § 2422, for the requirements under the PCT for international applications subject to WIPO ST.25 requirements and that disclose nucleic acid…
Read MoreWhat statement must accompany a late-submitted “Sequence Listing XML” in PCT applications?
When submitting a “Sequence Listing XML” in response to a notice from the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), applicants must include a specific statement regarding the content of the submission. MPEP 2414.05 states: “The “Sequence Listing XML” must be accompanied by a statement that the information recorded does…
Read MoreHow does pre-AIA 35 U.S.C. 102(e) apply to international applications?
Pre-AIA 35 U.S.C. 102(e) applies to certain international applications as prior art. According to the MPEP, The prior art date of a reference under pre-AIA 35 U.S.C. 102(e) may be the international filing date if the international filing date was on or after November 29, 2000, the international application designated the United States, and the…
Read MoreHow are mega-sequence listings (300 MB or over) handled in international applications and national stage entries?
The handling of mega-sequence listings (300 MB or over) differs between international applications and national stage entries: In international applications (PCT), submissions of mega-sequence listings are not subject to the mega-sequence listing submission fees set forth in 37 CFR 1.21(o). However, for national stage applications under 35 U.S.C. 371, the fee under 37 CFR 1.21(o)…
Read MoreWhat happens if a “Sequence Listing XML” is not submitted with an international application?
If a “Sequence Listing XML” is not submitted with an international application, the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) may issue a notice requiring compliance. According to MPEP 2414.05: “Where applicant has not provided a sequence listing in accordance with Annex C of the Administrative Instructions and the USPTO…
Read MoreWhat fees are associated with late submission of a “Sequence Listing XML” in PCT applications?
When submitting a “Sequence Listing XML” in response to a notice from the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), applicants are required to pay a late furnishing fee. According to MPEP 2414.05: “In response to such a requirement, the late furnishing fee set forth in § 1.445(a)(5) is also…
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