How does the language of publication affect WIPO applications as prior art under AIA?
Under the AIA, the language of publication does not affect the status of WIPO published applications as prior art. This is a significant change from the pre-AIA law. The MPEP states: Thus, under the AIA, WIPO publications of PCT applications that designate the United States are treated as U.S. patent application publications for prior art…
Read MoreHow are WIPO published applications treated under AIA 35 U.S.C. 102(a)(2)?
Under the AIA, WIPO published applications that designate the United States are treated as U.S. patent application publications for prior art purposes. This treatment applies regardless of: The international filing date Whether they are published in English Whether the PCT international application enters the national stage in the United States The MPEP states: The WIPO…
Read MoreHow is unity of invention assessed for nucleotide sequences in international patent applications?
For international patent applications filed under the Patent Cooperation Treaty (PCT) and national stage applications filed under 35 U.S.C. 371, the assessment of unity of invention for nucleotide sequences follows specific guidelines. MPEP 2434 directs examiners to: “See MPEP § 1850 for treatment of claims containing nucleotide sequences that lack unity of invention in international…
Read MoreDoes the Sequence Listing XML requirement apply to international applications entering the national stage?
Yes, the Sequence Listing XML requirement applies to international applications entering the national stage based on their international filing date. The MPEP states: “As provided in 35 U.S.C. 363, the filing date of an international stage application is also the filing date for the national stage application filed under 35 U.S.C. 371. Accordingly, for applications…
Read MoreWhat are the requirements for submitting a “Sequence Listing” on read-only optical discs?
When submitting a “Sequence Listing” on read-only optical discs, the following requirements must be met: The “Sequence Listing” must be a single file, unless it is a compressed file that does not fit on a single read-only optical disc. If split across multiple discs, each disc must be labeled with specific information, including the first-named…
Read MoreDoes a PCT application need to enter the national stage in the U.S. to be prior art under AIA?
No, a PCT application does not need to enter the national stage in the United States to be considered prior art under the AIA. The MPEP clearly states: Thus, under the AIA, WIPO publications of PCT applications that designate the United States are treated as U.S. patent application publications for prior art purposes, regardless of…
Read MoreHow are PCT applications treated under the AIA provisions?
PCT applications are treated as follows under the AIA provisions: “A PCT application filed under 35 U.S.C. 363 before March 16, 2013, is subject to pre-AIA 35 U.S.C. 102 and 103, regardless of whether the application enters the national stage under 35 U.S.C. 371 before or after March 16, 2013.“ This means that the filing…
Read MoreHow are PCT application files handled in patent interferences?
The MPEP 2304.01(b) provides guidance on handling Patent Cooperation Treaty (PCT) application files in interference proceedings: “Generally, a separate application file for a Patent Cooperation Treaty (PCT) application is not required for according benefit because the PCT application is included in a national stage application file that is itself either the application involved in the…
Read MoreHow does the treatment of WIPO published applications differ under AIA compared to pre-AIA?
The treatment of WIPO published applications as prior art differs significantly under the AIA compared to pre-AIA law: Under AIA: All WIPO published applications designating the U.S. are treated as prior art, regardless of filing date, language, or national stage entry. Under pre-AIA: WIPO published applications had more restrictions to be considered prior art. The…
Read MoreWho can use the ILPO as an International Searching Authority?
According to MPEP 1840.05, the Israel Patent Office (ILPO) is available as an International Searching Authority (ISA) for specific applicants: “…for PCT applications filed by U.S. nationals or residents in the U.S. Patent and Trademark Office (USPTO) as receiving Office or in the International Bureau (IB) as receiving Office.” This means that U.S. nationals or…
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