What is the WIPO Sequence Validator?
The WIPO Sequence Validator is a tool developed by WIPO for use by Intellectual Property Offices (IPOs) to validate Standard ST.26 “Sequence Listing XML” files. As explained in MPEP 2418: To ensure that IPOs can validate and accept sequence listing projects from applicants generated with WIPO Sequence, WIPO is developing a Standard ST.26 “Sequence Listing…
Read MoreWhat is the WIPO Sequence Tool?
The WIPO Sequence Tool is a desktop application developed by WIPO and adopted by WIPO member states, including the US, to help patent applicants generate compliant “Sequence Listing XML” files. As stated in MPEP 2418: WIPO Sequence has two functions: An authoring function and a validation function. Patent applicants will be able to author and…
Read MoreWhat is supplemental examination?
Supplemental examination is a process provided by 35 U.S.C. 257 that allows a patent owner to request the USPTO to “consider, reconsider, or correct information believed to be relevant to the patent.” As stated in the MPEP: “35 U.S.C. 257(a) provides that supplemental examination may be requested by the patent owner to consider, reconsider, or…
Read MoreWhat is a Supplemental Examination Certificate?
A Supplemental Examination Certificate is a document prepared by the USPTO that lists all items of information properly submitted as part of a supplemental examination request. It states whether a substantial new question of patentability (SNQ) affecting at least one claim of the patent is raised in the request. According to the MPEP, The supplemental…
Read MoreWhat is a “Sequence Listing” in patent applications?
A “Sequence Listing” is a separate part of a patent application that contains disclosures of nucleotide and/or amino acid sequences, along with associated information, using a standardized format and symbols. According to MPEP 2421.01, it is required for applications containing disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR…
Read MoreWhat is a reexamination certificate?
A reexamination certificate is a document issued by the USPTO after the completion of a patent reexamination process. It confirms the patentability of the original patent claims, cancels any unpatentable claims, or incorporates allowed amended or new claims. The distribution of this certificate is crucial, as outlined in MPEP 2292: “An e-copy of the reexamination…
Read MoreWhat is reduction to practice in patent law?
Reduction to practice in patent law refers to the process of demonstrating that an invention actually works for its intended purpose. There are two types of reduction to practice: Actual reduction to practice: This occurs when an inventor physically creates and tests the invention. Constructive reduction to practice: This occurs when a patent application is…
Read MoreWhat is a protest under 37 CFR 1.291?
A protest under 37 CFR 1.291 is a mechanism that allows members of the public to bring information to the attention of the USPTO regarding pending patent applications. The MPEP states: 37 CFR 1.291 gives recognition to the value of written protests in bringing information to the attention of the Office and in avoiding the…
Read MoreWhat is prosecution laches in patent law?
Prosecution laches is a legal doctrine that can result in the forfeiture of patent rights due to unreasonable and undue delay in prosecution. The Federal Circuit affirmed this principle in In re Bogese, stating: “[Applicant] filed twelve continuation applications over an eight-year period and did not substantively advance prosecution when required and given an opportunity…
Read MoreWhat is patent term adjustment?
Patent term adjustment (PTA) is additional time added to a patent’s term to compensate for delays in patent issuance caused by the United States Patent and Trademark Office (USPTO). The adjustment is governed by 35 U.S.C. 154(b) and is calculated based on various types of delays specified in the statute. As stated in MPEP 2731:…
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