Is there a minimum time requirement for attorney withdrawal in patent proceedings?
No, there is no longer a minimum time requirement for attorney withdrawal in patent proceedings. The MPEP 2223 states: “For a practitioner to withdraw from a patent and/or a reexamination proceeding, the Office no longer requires that there be at least 30 days remaining in any running period for response between the approval of a…
Read MoreWhen did the new Sequence Rules come into effect?
The new Sequence Rules came into effect on July 1, 2022. This date is crucial for patent applicants dealing with nucleotide and/or amino acid sequences. As stated in MPEP 2412.01, the rules apply to “patent applications that were filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined…
Read MoreWhat is the legal basis for prohibiting third-party submissions on patent term adjustment?
The legal basis for prohibiting third-party submissions on patent term adjustment is rooted in both statutory law and USPTO regulations. MPEP 2736 cites the following: “For patents granted on or after January 14, 2013, 37 CFR 1.705(d) implements the provisions of 35 U.S.C. 154(b)(4)(B) and provides that no submission or petition on behalf of a…
Read MoreAre interviews allowed during supplemental examination proceedings?
No, interviews are strictly prohibited during supplemental examination proceedings. This is clearly stated in 37 CFR 1.620(e): “Interviews are prohibited in a supplemental examination proceeding.” The MPEP explains that this prohibition is in place to help the Office process supplemental examination requests within the statutory three-month period. Any request for an interview filed during a…
Read MoreHow are untimely papers handled in inter partes reexamination?
Untimely papers in inter partes reexamination are handled according to specific procedures outlined in MPEP 2625. The process is as follows: Papers filed prior to the first Office action that are not authorized will be returned without consideration. If such papers are inadvertently entered, they will be expunged from the record. A notification letter about…
Read MoreWhen is an English translation of a “Sequence Listing XML” required?
An English translation of a “Sequence Listing XML” is required when the original submission contains language-dependent free text elements in a language other than English. This requirement is based on 37 CFR 1.52(b)(1)(ii), which states: “[The application] must: Be in the English language or be accompanied by a translation of the application and a translation…
Read MoreWhat are the deposit rules mentioned in the MPEP?
The deposit rules referred to in the MPEP are a set of regulations that govern the procedures and conditions for depositing biological materials for patent purposes. Specifically, the MPEP states: “The deposit rules (37 CFR 1.801 – 1.809) set forth examining procedures and conditions of deposit which must be satisfied in the event a deposit…
Read MoreWhat are common defects in inter partes reexamination submissions?
Common defects in inter partes reexamination submissions include: Lack of proof of service Unsigned paper Paper signed by a person not of record Amendment not complying with 37 CFR 1.530(d)-(j) Amendment not complying with 37 CFR 1.20(c)(3) and/or (c)(4) The MPEP 2666.50 states: “Defects in the submission can be, for example: (A) The paper filed…
Read MoreWhat are the requirements for an attorney or agent to withdraw from a patent proceeding?
According to MPEP 2223, for a practitioner to withdraw from a patent and/or reexamination proceeding, they must certify that they have: Given reasonable notice to the client, prior to the expiration of the response period, of their intention to withdraw Delivered all papers and property (including funds) to which the client is entitled Notified the…
Read MoreWhat is the purpose of 37 CFR 1.805?
37 CFR 1.805 relates to the deposit of biological materials to replace or supplement a previous deposit. This regulation provides guidance on when and how a deposit can be replaced or supplemented during the patent application process. To learn more: Biological Deposits Patent Application Biotechnology USPTO Regulations
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