How should a “Sequence Listing” be submitted electronically to the USPTO?
According to MPEP 2425, a “Sequence Listing” can be submitted electronically to the USPTO as follows: The ASCII plain text file must be submitted via the USPTO patent electronic filing system The file must not exceed 100 MB File compression is not permitted for electronic submissions As stated in 37 CFR 1.824(b)(1), “Electronically via the…
Read MoreWho can make the required statement regarding the “Sequence Listing” and CRF?
The required statement regarding the information contained in the “Sequence Listing” and the separate Computer Readable Form (CRF) can be made by specific individuals. According to MPEP 2422.06: “Such a statement may be made by a registered practitioner, the applicant, an inventor, or the person who actually compares the sequence data on behalf of the…
Read MoreWhat is the requirement for submitting a separate computer readable form (CRF) of a “Sequence Listing”?
When a separate computer readable form (CRF) of a “Sequence Listing” is submitted in certain patent applications, a statement regarding the information contained in the “Sequence Listing” and the separate CRF is required. Specifically: For applications filed under 35 U.S.C. 111(a) or national stage applications submitted under 35 U.S.C. 371, where the “Sequence Listing” is…
Read MoreAre there exceptions to the requirement for submitting a separate CRF and statement?
Yes, there are exceptions to the requirement for submitting a separate Computer Readable Form (CRF) and the associated statement. According to MPEP 2422.06: “Note that, in an application filed under 35 U.S.C. 111(a), if a ‘Sequence Listing’ is filed as an ASCII plain text file via the USPTO patent electronic filing system or on a…
Read MoreWhat is the checker software for “Sequence Listings” and where can I find it?
The USPTO provides checker software to help ensure that “Sequence Listings” comply with the requirements of 37 CFR 1.824. Here are the key points about the checker software: It is available on the USPTO website. The software can be used to check a “Sequence Listing” for compliance with 37 CFR 1.824 requirements. User Notes on…
Read MoreWhat is the scope of the USPTO’s determination in a supplemental examination request?
The scope of the USPTO’s determination in a supplemental examination request is generally limited to the specific items of information and claims identified in the request. According to MPEP 2816: “The determination of whether such an item of information raises a SNQ will generally be limited to a review of the item(s) of information identified…
Read MoreWhat is the role of attorneys or agents in disclosing information to the USPTO?
Attorneys and agents play a crucial role in disclosing information to the United States Patent and Trademark Office (USPTO) during the patent application process. According to MPEP 2002.01: “37 CFR 1.56(d) makes clear that information may be disclosed to the Office through an attorney or agent of record … and that other individuals may satisfy…
Read MoreHow is a revocation of power of attorney handled after a patent has been issued?
According to MPEP 2560, “a revocation or withdrawal of an attorney filed after issuance of a patent is not normally processed.” This implies that while it’s possible to submit a revocation of power of attorney at any time, the USPTO typically does not process such revocations after a patent has been granted. The reason for…
Read MoreAre there any restrictions on who can file for ex parte reexamination?
Yes, there is one specific restriction mentioned in MPEP 2212: “The only ‘person’ who is barred from filing a request for ex parte reexamination of a patent under 35 U.S.C. 302 is one who is barred from doing so by the estoppel provisions of AIA 35 U.S.C. 315(e)(1) or 35 U.S.C. 325(e)(1) based on inter…
Read MoreWho is responsible for determining if a supplemental examination request is compliant?
The responsibility for determining if a supplemental examination request is compliant lies with the Central Reexamination Unit (CRU) of the United States Patent and Trademark Office (USPTO). The MPEP states: If the Central Reexamination Unit (CRU) determines that the request, as originally submitted, does not satisfy all of the requirements of 37 CFR 1.605, 1.610…
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