What are the requirements for identifying patent owners in a supplemental examination request?

When submitting a request for supplemental examination, it is crucial to properly identify the patent owner(s). According to MPEP 2811: “The request must include an identification of the owner(s) of the entire right, title, and interest in the patent requested to be examined, and a submission by the patent owner in compliance with 37 CFR…

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Is there a minimum time requirement for attorney withdrawal before a response deadline in patent proceedings?

No, there is no longer a minimum time requirement for attorney withdrawal before a response deadline in patent proceedings. The MPEP 2623 states: “For a practitioner to withdraw from a patent and/or reexamination proceeding, the Office no longer requires that there be at least 30 days remaining in any running period for response between the…

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What are the requirements for an inventor’s oath or declaration in an international design application designating the United States?

An international design application designating the United States must include the inventor’s oath or declaration. According to 37 CFR 1.1021(d)(3), the oath or declaration must comply with the requirements set forth in 37 CFR 1.63 and 1.64. The MPEP states: International design applications designating the United States are required to contain the inventor’s oath or…

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Are international patent applications required to incorporate “Sequence Listings” by reference?

No, international patent applications during the international stage are exempt from the requirement to incorporate “Sequence Listings” by reference. This exemption is specifically stated in 37 CFR 1.823(b)(2): “37 CFR 1.823(b)(2) specifically exempts international applications during the international stage from the incorporation by reference requirement in 37 CFR 1.823(b)(1).“ This means that while domestic U.S.…

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What happens if a foreign priority document is not available through the International Bureau’s Digital Access Service (DAS)?

If a foreign priority document is not available through the International Bureau’s Digital Access Service (DAS), the following steps may be necessary: The applicant may need to submit the priority document directly to the USPTO. The USPTO may issue a requirement for the applicant to provide the priority document. The applicant should be prepared to…

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