How does the Statement of Grant of Protection differ from a patent grant?
While both a Statement of Grant of Protection and a patent grant indicate that protection has been granted for an industrial design, they serve different purposes and are issued in different contexts: Patent Grant: Is the official document issued by the USPTO that confers the legal right of the patent Provides detailed information about the…
Read MoreWhat is a Statement of Grant of Protection in international design applications?
A Statement of Grant of Protection is a formal notification sent by the United States Patent and Trademark Office (USPTO) to the International Bureau of the World Intellectual Property Organization (WIPO) after a patent is issued on an international design application designating the United States. This statement confirms that protection has been granted for the…
Read MoreWhat is the standard for granting inter partes reexamination?
The granting of an inter partes reexamination request is based on a specific standard set by law. The MPEP 2609 states: The standard for granting reexamination (see 35 U.S.C. 312(a)) must be met for reexamination to be ordered; This standard, as defined in 35 U.S.C. 312(a), requires that the request must raise a substantial new…
Read MoreAre specimens allowed in international design applications designating the United States?
No, specimens are not permitted in international design applications designating the United States. The MPEP clearly states: “In addition, specimens are not permitted in international design applications designating the United States. See 37 CFR 1.1027.“ This restriction is important for applicants to be aware of when preparing their international design applications that include the United…
Read MoreHow can I specify a correspondence address for an international design application filed with the USPTO as an office of indirect filing?
According to 37 CFR 1.1042, applicants can specify a correspondence address for communications sent by the USPTO as an office of indirect filing. The MPEP states: “Pursuant to 37 CFR 1.1042, the applicant may specify a correspondence address for correspondence sent by the USPTO as an office of indirect filing.“ This address can be different…
Read MoreWhat is the recommended content for the specification in an international design application designating the United States?
For international design applications designating the United States, the MPEP recommends including specific content in the specification: “An international design application designating the United States must include a specification as prescribed by 35 U.S.C. 112 and preferably include a brief description of the reproductions pursuant to Rule 7(5)(a) describing the view or views of the…
Read MoreHow are small and micro entity discounts applied to international design application fees?
Small and micro entity discounts are applied to certain fees for international design applications, as explained in MPEP 2910: “The transmittal fee is discounted for small and micro entities. […] The first and second parts of the individual designation fee for the United States are discounted for small and micro entities.” Key points about these…
Read MoreWhat is the size threshold for separate publication of sequence listings?
The size threshold for separate publication of sequence listings is 300 KB. MPEP 2435 specifies: “For applications filed on or after September 16, 2012, having a sequence listing that is 300 KB or less in size, the sequence listing will be published as part of the patent document. If the sequence listing is greater than…
Read MoreWhat are the submission options for a “Sequence Listing XML” file?
There are two main options for submitting a “Sequence Listing XML” file: Electronic submission: Via the USPTO patent electronic filing system, specifically the Patent Center system. This method is preferred for files up to 100 MB in size. As stated in the MPEP, For submission of a “Sequence Listing XML” that is 100MB in size…
Read MoreWhat is the requirement for submitting a “Sequence Listing XML” in international applications under the PCT?
According to MPEP 2414.05, international applications filed under the PCT that contain a disclosure of nucleotide and/or amino acid sequences must include a sequence listing part of the description that complies with the standard provided in Annex C of the Administrative Instructions. The MPEP states: “Where an international application, filed under the PCT, contains a…
Read More