What should inventors know about the USPTO’s approach to duty of disclosure issues?

Inventors should be aware of the following key points regarding the USPTO’s approach to duty of disclosure issues: The USPTO does not investigate or reject applications based on duty of disclosure violations during examination. Examiners will not comment on duty of disclosure issues brought to their attention, except to note that such issues are not…

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Can the USPTO make changes to patent application drawings?

No, the United States Patent and Trademark Office (USPTO) does not make changes to patent application drawings. This is explicitly stated in the MPEP, which provides the following form paragraph for examiners to use: “The United States Patent and Trademark Office does not make drawing changes. It is applicant’s responsibility to ensure that the drawings…

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What is the USPTO’s current policy on nucleotide sequences in patent applications?

The USPTO’s current policy on nucleotide sequences in patent applications is based on the 2007 Official Gazette notice, which rescinded the 1996 waiver that allowed multiple nucleotide sequences in a single application. According to MPEP 803.04: “In 2007, the Commissioner for Patents rescinded the waiver. See Examination of Patent Applications Containing Nucleotide Sequences, 1316 OG…

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How does the USPTO’s policy differ from other International Searching Authorities regarding subject matter searches?

The USPTO’s policy on international searches differs significantly from other International Searching Authorities. According to MPEP 1843.02: “The USPTO has declared that it will search and examine, in international applications, all subject matter searched and examined in U.S. national applications.“ This means that while other International Searching Authorities may choose not to search certain subject…

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Can I request publication on a specific date?

No, the USPTO does not accommodate requests for publication on specific dates. As stated in MPEP 1129: “No consideration will be given to requests for publication on a certain date, and such requests will be treated as a request for publication as soon as possible.” This means that when you request early publication, the USPTO…

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