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…
Read MoreCan 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…
Read MoreWhat 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…
Read MoreCan 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.”…
Read MoreWhat is 37 CFR 3.27 and how does it relate to submitting assignment documents?
37 CFR 3.27 is a federal regulation that specifies the mailing address for submitting documents to be recorded at the USPTO. According to MPEP 302.08: 37 CFR 3.27 sets out how documents submitted for recording should be addressed to the Office. This regulation ensures that assignment documents and other recordable documents are sent to the…
Read MoreWhat 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.…
Read MoreWhat are the limitations of using 35 U.S.C. 21(a) for filing date petitions?
The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) have specific limitations when it comes to petitions for filing dates. According to MPEP 511: “Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C.…
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