What happens if I submit an insufficient payment for patent maintenance fees?
Submitting an insufficient payment for patent maintenance fees can have serious consequences. According to MPEP 2522: “A payment of less than the required amount, a payment in a manner other than that set forth in 37 CFR 1.23, or the filing of an authorization to charge a deposit account having insufficient funds, will not constitute…
Read MoreWho bears the initial burden of proof in biological material deposit cases?
In biological material deposit cases, the initial burden of proof lies with the United States Patent and Trademark Office (USPTO). According to MPEP 2411: “The burden is initially on the Office to establish that access to a biological material is necessary for the satisfaction of the statutory requirements for patentability under 35 U.S.C. 112.” This…
Read MoreWhat information must be disclosed in reexamination proceedings?
In reexamination proceedings, individuals associated with the patent owner must disclose all information known to be material to patentability. According to MPEP 2014: “The duty to disclose the information exists with respect to each claim pending in the reexamination proceeding until the claim is cancelled. Information material to the patentability of a cancelled claim need…
Read MoreWhat information is considered material to patentability?
Information material to patentability is broadly defined in 37 CFR 1.56. It includes: Prior art such as patents and publications Information on enablement Possible prior public uses, sales, or offers to sell Derived knowledge Prior invention by another Inventorship conflicts Litigation statements As stated in the MPEP, “Materiality is not limited to prior art but…
Read MoreWhat information is included in an Inter Partes Reexamination Certificate?
An Inter Partes Reexamination Certificate contains specific information about the reexamined patent. MPEP 2690 outlines the following details: The title “INTER PARTES REEXAMINATION CERTIFICATE” An ordinal number indicating its sequence The original patent number followed by a kind code suffix The date of issuance The title of the invention Name of the inventor Current classification…
Read MoreWhat is an Information Disclosure Statement (IDS) in patent prosecution?
An Information Disclosure Statement (IDS) is a formal document submitted to the USPTO during patent prosecution to disclose relevant prior art or other material information. According to 37 CFR 1.97, as referenced in the MPEP, The provisions of 37 CFR 1.97 specify when an information disclosure statement will be considered as a matter of right…
Read MoreHow are inequitable conduct issues addressed in the patent system?
Inequitable conduct issues in the patent system are primarily addressed by the courts rather than the USPTO. According to MPEP 2010: “It is the courts and not the Office that are in the best position to fashion an equitable remedy to fit the precise facts in those cases where inequitable conduct is established.” The MPEP…
Read MoreWhat is the individual designation fee for the United States in an international design application?
The individual designation fee for the United States in an international design application consists of two parts, as described in MPEP 2910: “The United States has made a declaration under Article 7(2) and requires an individual designation fee that is payable in a first part at filing and second part payable upon allowance of the…
Read MoreWhat is indirect filing of an international design application?
Indirect filing of an international design application refers to the process of submitting the application through the office of the applicant’s Contracting Party rather than directly with the International Bureau. MPEP 2905 explains: “Pursuant to Article 4 of the Hague Agreement, an international design application may be filed either directly with the International Bureau or…
Read MoreWhat is the incorporation by reference paragraph for Sequence Listing XML?
The incorporation by reference paragraph is a crucial element when submitting a Sequence Listing XML for patent applications. According to MPEP 2416, this paragraph must be included in the specification and should contain specific information about the Sequence Listing XML file. The paragraph must include: The name of the XML file The date of creation…
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