What are the consequences of failing to disclose material information from litigation?
Failing to disclose material information from litigation can have serious consequences, as highlighted in MPEP 2001.06(c). The MPEP cites a significant case: “See Critikon, Inc. v. Becton Dickinson Vascular Access, Inc., 120 F.3d 1253, 1258-59, 43 USPQ2d 1666, 1670-71 (Fed. Cir. 1997) (patent held unenforceable due to inequitable conduct based on patentee’s failure to disclose…
Read MoreHow do I assert that sequence information is identical in different formats?
When submitting sequence information in different formats (e.g., PDF, physical sheets, and computer readable form), it’s important to assert that the content is identical. The MPEP provides a sample statement for this purpose: “I hereby state that the sequence information contained in the computer readable form is identical to the sequence information contained in the…
Read MoreWhat are the size limitations for ASCII plain text sequence listings?
What are the size limitations for ASCII plain text sequence listings? The USPTO has specific size limitations for ASCII plain text sequence listings to ensure efficient processing and storage. According to MPEP 2422.03(a): “The ASCII plain text file must not exceed 100 MB in size.“ This size limit is important for several reasons: It facilitates…
Read MoreWhat are the requirements for file naming of ASCII plain text sequence listings?
What are the requirements for file naming of ASCII plain text sequence listings? According to MPEP 2422.03(a), ASCII plain text sequence listings must follow specific file naming conventions: The file name must consist of either “sequencelisting” or “seqlist”. The file name extension must be “.txt”. No spaces or additional periods are allowed in the file…
Read MoreWhat are the applicant’s options when responding to a biological material deposit requirement?
When an applicant is faced with a biological material deposit requirement during patent examination, they have several options to respond. According to MPEP 2411, once the USPTO has established the necessity for access to a biological material, the applicant can: Demonstrate that access to the biological material is not necessary for satisfying the statutory requirements…
Read MoreWhat are the differences between an added initial Sequence Listing XML and a replacement Sequence Listing XML?
The MPEP 2414 distinguishes between two types of Sequence Listing XML submissions: Added Initial Sequence Listing XML: This is required when no Sequence Listing XML was submitted on the filing date of the application. It is submitted under 37 CFR 1.835(a). Replacement Sequence Listing XML: This is required when a defective Sequence Listing XML was…
Read MoreHow should translations of text in drawings be handled for PCT applications entering the U.S. national stage?
When translating text contained in drawings for PCT applications entering the U.S. national stage, applicants have two options according to the MPEP: “A translation of words contained in the drawings must be furnished either in the form of new drawings or in the form of a copy of the original drawings with the translation pasted…
Read MoreWhat are the requirements for U.S. applicants filing international applications?
For international applications filed on or after September 16, 2012, there are specific requirements for U.S. applicants: Only residents or nationals of the United States can file international applications in the U.S. Receiving Office. For the designation of the United States, the applicant must be the inventor or other person as provided in 37 CFR…
Read MoreWhat information should be included on a replacement drawing sheet?
When submitting a replacement drawing sheet for a patent application, it’s important to include specific information as required by the USPTO. According to the MPEP, a replacement drawing sheet should contain: All figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The label “Replacement Sheet” in…
Read MoreWhat are the requirements for an appeal brief in a reissue application?
The requirements for an appeal brief in a reissue application are the same as those for a non-reissue application. MPEP 1454 states: “The requirements for an appeal brief are set forth in 37 CFR 41.37 and MPEP § 1205, and they apply to a reissue application in the same manner that they apply to a…
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