What changes have been made to the “Sequence Listing” requirements for applications filed on or after July 1, 2022?
For patent applications filed on or after July 1, 2022, there have been significant changes to the “Sequence Listing” requirements. The MPEP section 2424.01 includes an important editor’s note: “[Editor Note: This section is not applicable to applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined…
Read MoreWhat are the requirements for submitting a certified copy of a foreign priority document in an international design application?
The requirements for submitting a certified copy of a foreign priority document in an international design application are as follows: A certified copy of the foreign priority document is generally not required to be submitted to the USPTO. The International Bureau will normally handle the exchange of priority documents with the USPTO. If the priority…
Read MoreWhat determines the requirements for declaring an interference?
The requirements for declaring an interference depend on who suggests it. As stated in MPEP 2304: “Who suggests the interference determines what must be done and shown prior to declaration of an interference.” This means that the process and evidence required to declare an interference may differ based on whether it was suggested by an…
Read MoreWhat statements are required when amending a “Sequence Listing XML”?
When amending a “Sequence Listing XML”, three key statements are required: A statement identifying the location of all changes A statement identifying the basis for all changes A statement that no new matter is introduced As specified in MPEP 2414.03: A statement that identifies the location of all additions, deletions, or replacements of sequence information…
Read MoreWhat statement must accompany a patent protest?
According to MPEP 1901.01, a protest must be accompanied by a specific statement. The MPEP states: “In accordance with 37 CFR 1.291(b)(2), a statement must accompany the protest that it is the first protest submitted in the application by the real party in interest who is submitting the protest.” This statement is crucial because it…
Read MoreWhat information should be included in the notification of other post-patent proceedings?
The notification of other post-patent proceedings during supplemental examination should include specific information as outlined in MPEP 2820: The type of proceeding (e.g., ex parte or inter partes reexamination, reissue, supplemental examination, post-grant review, inter partes review, or covered business method patent review) An identifying number, such as a control number or reissue application number…
Read MoreWhat information is required when submitting a maintenance fee payment?
When submitting a maintenance fee payment, certain identifying information is required. According to MPEP 2515: The patent number The application number of the United States application for the patent Additionally, the following information should be provided: The fee year (3 1/2, 7 1/2, or 11 1/2 year fee) The amount of the maintenance fee and…
Read MoreWhat should I include in a statement for replacing a sequence listing?
When replacing a sequence listing in a patent application, the MPEP provides guidance on what to include in your statement. The sample statement covers three key points: Identifying changes to the previous sequence listing Asserting support in the original application Declaring no new matter has been added Here’s the sample statement from the MPEP: “I…
Read MoreWhat is the proper format for incorporating the Sequence Listing XML by reference?
What is the proper format for incorporating the Sequence Listing XML by reference? The proper format for incorporating the Sequence Listing XML by reference is crucial for compliance with USPTO requirements. According to MPEP 2413.04, the incorporation by reference statement should follow a specific format: “The incorporation by reference statement must include the name of…
Read MoreWhat documentation is required to prove ownership when filing a supplemental examination request?
When filing a request for supplemental examination, the patent owner must provide documentation to prove ownership. According to MPEP 2803: “The patent owner must establish its ownership of the patent in the request for supplemental examination, unless the ownership has already been established in the patent file and there has been no change in ownership.”…
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