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…

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How 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…

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What 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…

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What 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…

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How 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…

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