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…

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What 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…

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What 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…

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What 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…

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What 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…

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What 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…

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What 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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