When might an applicant need to replace a biological deposit?
An applicant might need to replace a biological deposit when the original deposit is no longer viable. According to the MPEP, “Replacement will typically take place where the earlier deposit is no longer viable.” This could occur if the deposited material has degraded, lost its ability to replicate, or become contaminated to the point where…
Read MoreWhen must an applicant provide a certified translation for a foreign benefit application?
According to MPEP 2304.01(c), an applicant must provide a certified translation of a foreign benefit application when: The foreign benefit application or PCT application is not filed in English The examiner requires the applicant to file a certified translation The applicant wants to be accorded the benefit of the non-English language application The MPEP states:…
Read MoreWhen is a priority showing required in patent applications?
A priority showing is required in the following circumstances: When complying with 37 CFR 41.202(a)(2) to suggest an interference To overcome a rejection based on pre-AIA 35 U.S.C. 102(a) or 102(e) when an affidavit is not permitted under 37 CFR 1.131(a)(1) When the examiner requires it due to the application’s earliest constructive reduction-to-practice being later…
Read MoreWhen is a Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) issued?
A Notice of Intent to Issue Inter Partes Reexamination Certificate (NIRC) is issued in two main scenarios: When all claims are rejected or objected to in the prior Office action, the examiner will issue a NIRC indicating that all claims have been canceled and terminating the prosecution. When at least one claim is free of…
Read MoreWhen is an Inter Partes Reexamination Certificate issued?
An Inter Partes Reexamination Certificate is issued at the conclusion of an inter partes reexamination proceeding. According to MPEP 2688: “Since abandonment is not possible in a reexamination proceeding, an inter partes reexamination certificate will be issued at the conclusion of the proceeding for each patent in which a reexamination proceeding has been ordered under…
Read MoreWhen is an Ex Parte Reexamination Certificate issued?
An Ex Parte Reexamination Certificate is issued at the conclusion of an ex parte reexamination proceeding. According to MPEP 2288, the certificate is issued: “when the time for appeal has expired or any appeal proceeding has terminated” This means the certificate is issued after all opportunities for challenging the results of the reexamination have been…
Read MoreWhen is a deposit of biological material not necessary for patent applications?
A deposit of biological material is not necessary for patent applications when the required biological materials can be made or isolated without undue experimentation. This is explicitly stated in MPEP 2404.02: “Applicant may show that a deposit is not necessary even though specific biological materials are required to practice the invention if those biological materials…
Read MoreWhen do intervening rights apply to reinstated patents?
Intervening rights apply to reinstated patents during a specific time frame. According to MPEP § 2591, these rights are applicable to actions taken: After the 6-month grace period for paying the maintenance fee But prior to the acceptance of the late maintenance fee The MPEP states: “A court before which such matter is in question…
Read MoreWhen can a patent owner file a request for supplemental examination?
A patent owner can file a request for supplemental examination at any time during the period of enforceability of the patent. This is specified in 37 CFR 1.601(c), which states: “A request for supplemental examination of a patent may be filed at any time during the period of enforceability of the patent.” This rule was…
Read MoreWhen can prior art or Section 301 written statements be filed for a patent?
Prior art or Section 301 written statements can be filed “at any time during the period of enforceability of a patent.” As stated in MPEP 2204: “Submissions may be filed ‘at any time’ under 35 U.S.C. 301. However, this period has been defined by rule (37 CFR 1.501(a)) to be ‘any time during the period…
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