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…
Read MoreHow does the USPTO verify small entity status for maintenance fee payments?
The USPTO does not generally question small entity status claims for maintenance fee payments. According to MPEP 2550: “The Office does not normally make any inquiry or investigation into the continued qualification of any entity as a small entity but accepts the assertion filed with the maintenance fee payment.” However, the Office may question the…
Read MoreHow do the Sequence Rules relate to WIPO Standard ST.26?
The USPTO Sequence Rules are closely aligned with the World Intellectual Property Organization (WIPO) Standard ST.26. MPEP 2412.01 states that the XML file of the sequence information must conform to requirements that “specify requirements of particular paragraphs of WIPO Standard ST.26.” WIPO Standard ST.26 is an international standard for the presentation of nucleotide and amino…
Read MoreWhen did the USPTO start requiring Sequence Listing XML for patent applications?
The USPTO began requiring Sequence Listing XML for certain patent applications on July 1, 2022. As stated in MPEP 2419: “[Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]” This requirement applies to patent…
Read MoreWhen did the USPTO implement the Sequence Listing XML requirement?
The USPTO implemented the Sequence Listing XML requirement for patent applications filed on or after July 1, 2022. This is clearly stated in the editor’s note of MPEP 2419.01: “[Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined…
Read MoreHow 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…
Read MoreWhat 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).…
Read MoreWhen 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…
Read MoreHow does the USPTO ensure public access to deposited biological materials?
The USPTO ensures public access to deposited biological materials through specific requirements outlined in MPEP 2410.01. These include: Requiring that all restrictions on access be irrevocably removed upon patent grant. Ensuring the deposit is made in a recognized facility. Mandating that the deposit be available to the public upon patent issuance. The MPEP states: “All…
Read MoreWhat is the purpose of correspondence between the USPTO and regulatory agencies in patent term extension?
The correspondence between the USPTO and regulatory agencies serves multiple purposes in the patent term extension process: To facilitate eligibility decisions for patent term extension To allow both entities to carry out their responsibilities under 35 U.S.C. 156 To exchange information regarding regulatory review period determinations, due diligence petitions, and informal regulatory agency hearings As…
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