How are unsigned papers handled in inter partes reexamination?
Unsigned papers in inter partes reexamination are generally denied consideration but retained in the file. According to MPEP 2667: “Papers filed by the patent owner which are unsigned, or signed by fewer than all of the patent owners where no attorney or agent is of record or acting in representative capacity, will be denied consideration,…
Read MoreWhat is the status of unpublished U.S. applications as prior art under pre-AIA 35 U.S.C. 102(e)?
Unpublished U.S. applications can serve as prior art under pre-AIA 35 U.S.C. 102(e) in certain circumstances. According to the MPEP, If an earlier filed, copending, and unpublished U.S. patent application discloses subject matter which would anticipate the claims in a later filed pending U.S. application which has a different inventive entity, the examiner should determine…
Read MoreWhat happens if all required fees are not paid when filing a supplemental examination request?
If all required fees for supplemental examination are not paid at the time of filing the request, the following consequences will occur: The request will be considered defective A filing date will not be granted The processing of the request will be terminated A refund of any fees paid will be made to the patent…
Read MoreWhat happens if excess claims fees are not paid in an inter partes reexamination?
If excess claims fees are not paid when required in an inter partes reexamination, the USPTO will issue a notice of fee deficiency. According to MPEP 2666.04: “If the excess claims fees required by 37 CFR 1.20(c)(3) and (c)(4) are not paid with the presentation of the excess claims, a notice of fee deficiency will…
Read MoreHow does WIPO Standard ST.26 define “unknown” or “other” nucleotides and amino acids?
MPEP 2412.03(a) refers to WIPO Standard ST.26, which defines “unknown” or “other” nucleotides and amino acids using specific symbols: For nucleotides, the symbol “n” represents “unknown” or “other” For amino acids, the symbol “X” represents “unknown” or “other” The MPEP provides tables for both nucleotide and amino acid symbols, stating: n a or c or…
Read MoreHow should unknown amino acids be represented in sequence listings?
How should unknown amino acids be represented in sequence listings? The MPEP 2412.05 provides specific guidance on representing unknown amino acids in sequence listings: “The symbol “Xaa” must be used to represent an unknown or other amino acid.” This means that whenever an amino acid in a sequence is unknown or cannot be confidently identified,…
Read MoreHow should unknown amino acids be represented in a sequence listing?
The MPEP 2412.05(d) provides guidance on representing unknown amino acids in sequence listings: Use the symbol ‘X’ to represent unknown amino acids Provide further description in a feature table Use the feature key “UNSURE” and optionally the qualifier “note” The MPEP states, “Any “unknown” amino acid must be represented by the symbol “X” in the…
Read MoreCan a thesis in a university library be considered prior art?
Yes, a thesis in a university library can be considered prior art if it is sufficiently accessible to the public. According to MPEP 2128.01: “A doctoral thesis indexed and shelved in a library is sufficiently accessible to the public to constitute prior art as a ‘printed publication.’” This principle was established in the case of…
Read MoreWhat are examples of universal facts that can be shown by non-prior art references?
Non-prior art references can be used to show universal facts in patent examination. The MPEP 2124 provides several examples of such universal facts: Characteristics and properties of a material Scientific truisms Whether undue experimentation would have been required at the filing date Whether a parameter was critical or not The accuracy of statements in the…
Read MoreWhat are “universal facts” in the context of MPEP 2124?
What are “universal facts” in the context of MPEP 2124? In the context of MPEP 2124, “universal facts” refer to information that is generally known or widely accepted in the field of the invention. These facts are considered to be so fundamental that they don’t require prior art status to be used in patent examination.…
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