How 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.…
Read MoreWhat is the “unity of design” requirement in international design applications?
The “unity of design” requirement in international design applications refers to the principle that an application should contain only one independent and distinct design. According to MPEP 2920.05(b): “The examiner should determine whether the application complies with the unity of design requirement. This requirement is considered during both formalities review and substantive examination.” If an…
Read MoreHow is unity of invention assessed for nucleotide sequences in international patent applications?
For international patent applications filed under the Patent Cooperation Treaty (PCT) and national stage applications filed under 35 U.S.C. 371, the assessment of unity of invention for nucleotide sequences follows specific guidelines. MPEP 2434 directs examiners to: “See MPEP ยง 1850 for treatment of claims containing nucleotide sequences that lack unity of invention in international…
Read MoreWhat constitutes “unintentional delay” in paying maintenance fees?
“Unintentional delay” in paying maintenance fees is a crucial concept for reinstating expired patents. According to MPEP 2590: “A person seeking reinstatement of an expired patent should not make a statement that the delay in payment of the maintenance fee was unintentional unless the entire delay was unintentional, including the period from discovery that the…
Read MoreDo unintended features in patent drawings count as prior art?
Yes, unintended features shown in patent drawings can count as prior art. The MPEP 2125 clearly states: “When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary…
Read MoreHow do unexplained features in patent drawings affect prior art rejections?
How do unexplained features in patent drawings affect prior art rejections? Unexplained features in patent drawings can still be used as a basis for prior art rejections. According to MPEP 2125: “Drawings and pictures can anticipate claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25…
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