How should a Sequence Listing be formatted?

A Sequence Listing must be formatted according to specific standards set by the USPTO. As stated in MPEP 2421.01: 37 CFR 1.821(c) requires that applications containing disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR 1.821(a) contain, as a separate part, a disclosure of the nucleotide and/or amino acid…

Read More

What are the restrictions on submitting copending reexamination proceedings and applications?

The USPTO has specific restrictions regarding the submission of copending reexamination proceedings and applications during inter partes reexamination. MPEP 2686 states: “It is not required nor is it permitted that parties submit copies of copending reexamination proceedings and applications (which copies can be mistaken for a new request/filing); rather, submitters may provide a notice identifying…

Read More

What does “reasonable notice” mean in the context of attorney withdrawal from patent proceedings?

In the context of attorney withdrawal from patent proceedings, “reasonable notice” is not strictly defined by a specific time period. According to MPEP 2623: “‘Reasonable notice’ would allow a reasonable amount of time for the client to seek the services of another practitioner prior to the expiration of any applicable response period.” This means that…

Read More

How should patent examiners review responses to utility rejections?

When reviewing responses to utility rejections, patent examiners are instructed to conduct a comprehensive evaluation. The MPEP provides specific guidance: “If the applicant responds to the prima facie rejection, the Office personnel should review the original disclosure, any evidence relied upon in establishing the prima facie showing, any claim amendments, and any new reasoning or…

Read More

Can patent examiners communicate with protestors?

No, patent examiners are strictly prohibited from communicating with protestors regarding a patent application. The MPEP Section 1907 clearly states: “The examiner must not communicate in any manner with protestor.” This prohibition is designed to maintain the objectivity and fairness of the patent examination process. The rule is further supported by 37 CFR 1.291(d), which…

Read More

Can non-self-replicating materials be acceptable as biological deposits for patents?

While the USPTO generally expects deposited biological materials to be capable of self-replication, either directly or indirectly, the MPEP 2403 does not entirely preclude the possibility of accepting non-self-replicating materials under certain circumstances. The MPEP states: “Thus, while the Office does not currently contemplate that there would be any situations where a material that is…

Read More

Where can I find guidance on processing a reexamination of a reexamination?

Guidance for processing a reexamination of a reexamination can be found in the Manual of Patent Examining Procedure (MPEP). Specifically, MPEP § 2695 states: “See MPEP § 2295 for guidance for the processing and examination of a reexamination request filed on a patent for which a reexamination certificate has already issued, or a reexamination certificate…

Read More