What standards must a sequence listing comply with in a PCT application?
Sequence listings in PCT applications must comply with specific standards set by the Administrative Instructions. According to MPEP 1877: “the International Preliminary Examining Authority may invite the applicant to furnish such a sequence listing complying with the standard provided for in the Administrative Instructions” This means that the sequence listing must adhere to the format…
Read MoreWhat are special technical features in unity of invention?
Special technical features are a crucial concept in determining unity of invention. According to MPEP 1893.03(d): “The expression special technical features is defined as meaning those technical features that define the contribution which each claimed invention, considered as a whole, makes over the prior art.” These features are used to establish a technical relationship among…
Read MoreCan the international preliminary examination start at the same time as the international search?
Yes, under certain conditions, the international preliminary examination can start simultaneously with the international search. MPEP 1879.01 states: “If the national Office or intergovernmental organization that acts as International Searching Authority also acts as International Preliminary Examining Authority, the international preliminary examination may, if that national Office or intergovernmental organization so wishes and subject to…
Read MoreWhat is the significance of the International Search Report in the PCT process?
The International Search Report (ISR) plays a crucial role in the Patent Cooperation Treaty (PCT) process. According to MPEP 1844: “The search report will be published by the International Bureau and, together with the written opinion of the International Searching Authority, will serve as a basis for examination of the international application by the designated…
Read MoreAre signatures on facsimile-transmitted documents acceptable in international patent applications?
Yes, signatures on documents received via facsimile are generally acceptable in international patent applications, provided the facsimile transmission is permitted for that specific document type. The MPEP section 1834.01 states: “A signature on a document received via facsimile in a permitted situation is acceptable as a proper signature.” This acceptance is based on both international…
Read MoreWho can sign a notice of withdrawal for an international patent application?
The signing requirements for a notice of withdrawal in an international patent application are specific and outlined in PCT Rule 90bis.5 and MPEP 1859: All applicants must sign the notice of withdrawal. An appointed agent or common representative can sign on behalf of the applicants who appointed them. An applicant considered to be the common…
Read MoreHow should the sheets of an international patent application be numbered?
According to MPEP 1812, the sheets of an international patent application must be numbered in consecutive Arabic numerals using separate series for different parts of the application: First series: Request Second series: Description, claims, and abstract Third series: Drawings (if applicable) Fourth series: Sequence listing part of the description (if applicable) The MPEP cites PCT…
Read MoreWhat are the requirements for translating a sequence listing in a PCT application?
The requirements for translating a sequence listing in a PCT application depend on the international filing date: For applications filed on or after July 1, 2022: An English translation is required for any Sequence Listing XML containing non-English language values for language-dependent free text qualifiers, in accordance with 37 CFR 1.831 through 1.834. For applications…
Read MoreHow do sequence listing issues affect international patent searches and opinions?
Sequence listing issues can significantly impact international patent searches and opinions. The MPEP specifically mentions that a meaningful search or opinion may not be possible when nucleotide and/or amino acid sequence listings are not provided in the required form, language, and manner. As stated in MPEP 1843.03: “For example, the examiner may determine that a…
Read MoreHow are figures selected for inclusion with the abstract in a PCT application?
The selection of figures for inclusion with the abstract in a PCT application follows these guidelines: The applicant may suggest a figure in the request form (PCT Rule 3.3(a)(iii)). The International Searching Authority (ISA) may select a different figure if it better characterizes the invention. If no figure is useful for understanding the abstract, the…
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