How are biological sequences defined in patent applications?

The definition of biological sequences in patent applications depends on the filing date of the application: For applications filed before July 1, 2022: Biological sequences are defined in 37 CFR 1.821(a). For applications filed on or after July 1, 2022: Biological sequences are defined in 37 CFR 1.831(b). MPEP 608.05(c) states: “Applications disclosing nucleotide and/or…

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Can a practitioner acting in a representative capacity withdraw from an application?

The USPTO has specific rules regarding withdrawal for practitioners acting in a representative capacity under 37 CFR 1.34: The USPTO will not approve withdrawal requests from practitioners acting in a representative capacity. These practitioners are responsible for the correspondence they file in the application while acting in a representative capacity. There is no need for…

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What certifications are implied when signing patent correspondence?

When signing patent correspondence, the signer is making certain certifications, including: The presentation of any paper to the USPTO constitutes a certification under 37 CFR 11.18(b). For S-signatures, the person inserting the signature certifies that the inserted signature is their own. When submitting a document signed by another person, the submitter certifies they have a…

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Can I correct micro entity status errors retroactively?

Can I correct micro entity status errors retroactively? Yes, you can correct micro entity status errors retroactively, but there are specific rules and time limitations to consider. According to MPEP 509.04(f): “Errors in micro entity status may be rectified by filing a notification of a change in status … and paying the required fee deficiency.”…

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What is the legal basis for the USPTO’s English translation requirement for assignments?

The legal basis for the USPTO’s English translation requirement for assignments is found in the Code of Federal Regulations, specifically 37 CFR 3.26. This regulation is referenced in MPEP 302.02, which states: 37 CFR 3.26 English language requirement. The regulation mandates that non-English documents must be accompanied by an English translation signed by the translator.…

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