How does the USPTO treat replacement deposits?

The United States Patent and Trademark Office (USPTO) applies a rebuttable presumption of identity between the replacement deposit and the original deposit. This treatment is outlined in MPEP 2407.04, which states: “37 CFR 1.805(e) indicates that the Office will apply a rebuttable presumption of identity between the replacement deposit and an original deposit where a…

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How does the USPTO treat admissions under the AIA?

The United States Patent and Trademark Office (USPTO) continues to treat admissions by applicants as prior art under the America Invents Act (AIA). This approach is consistent with pre-AIA practice. According to MPEP 2152.03: “The Office will continue to treat admissions by the applicant as prior art under the AIA.” This means that any statement…

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What is the time frame for the USPTO to determine if a Substantial New Question (SNQ) of patentability is raised in a supplemental examination request?

According to MPEP 2816, the USPTO is required to make a determination within three months following the filing date of a request for supplemental examination. Specifically, the MPEP states: “35 U.S.C. 257(a) and 37 CFR 1.620(b) require that, within three months following the filing date of a request for supplemental examination, the Office will determine…

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How does the USPTO conclude a supplemental examination proceeding?

A supplemental examination proceeding concludes with the issuance of a specific document. According to MPEP 2815: “A supplemental examination proceeding concludes with the issuance of a supplemental examination certificate, indicating the results of the examiner’s determination.” This certificate serves as the official record of the examiner’s determination regarding whether a substantial new question of patentability…

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What standard does the USPTO use to determine if an item of information raises a Substantial New Question (SNQ) of patentability in a supplemental examination?

The USPTO uses the same standard for determining whether an item of information raises a Substantial New Question (SNQ) of patentability in supplemental examination as it does for ex parte reexaminations. According to MPEP 2816: “The standard for determining whether an item of information properly submitted as part of the request raises a SNQ will…

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How does the USPTO process Sequence Listing XML files?

The USPTO uses the Sequence Listing Information Control (SLIC) system to process “Sequence Listing XML” files. As stated in MPEP 2419: “At the USPTO, the Sequence Listing Information Control (SLIC) system will be responsible for processing of a ‘Sequence Listing XML’ and exporting the sequence data for publication and grant.” This system ensures that the…

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What are the size limits for Sequence Listing submissions via the USPTO patent electronic filing system?

The USPTO has established size limits for Sequence Listing submissions via their patent electronic filing system: The maximum file size for Sequence Listing and CRF text files is 100 megabytes. Files submitted electronically cannot be compressed. If a Sequence Listing or CRF text file exceeds 100 megabytes, it must be filed on read-only optical disc(s).…

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When does the USPTO review priority claims in international design applications?

The USPTO’s approach to reviewing priority claims in international design applications is specific and conditional: The USPTO does not automatically review priority claims during national stage examination. Priority claims are only reviewed if they become relevant to the examination process. Relevance may arise if prior art falls within the priority period or if there are…

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