5 Written questions
5 Matching questions
- a The Deposit Rules
Where the invention involves a biological material and words alone cannot sufficiently describe how to make and use the invention in a reproducible manner, access to the biological material may be necessary for the satisfaction of the statutory requirements for patentability under 35 U.S.C. 112.
- b Future Changes to the Sequence Rules
- c Examination of Patent Applications Claiming Large Numbers of Nucleotide Sequences
Nucleotide sequences encoding different proteins are structurally distinct chemical compounds and are unrelated to one another. These sequences are thus deemed to normally constitute independent and distinct inventions within the meaning of 35 U.S.C. 121. Absent evidence to the contrary, each such nucleotide sequence is presumed to represent an independent and distinct invention, subject to a restriction requirement pursuant to 35 U.S.C. 121 and 37 CFR 1.141.
applicants may petition pursuant to 37 CFR 1.181 for examination of additional nucleotide sequences by providing evidence that the different nucleotide sequences do not cover independent and distinct inventions.
- d Summary of the Requirement of the Sequence Rules
- e Presumption Regarding Compliance
5 Multiple choice questions
- Deposit of Biological Material
37 CFR 1.801 Biological Material
For the purposes of these regulations pertaining to the deposit of biological material for purposes of patents for inventions under 35 U.S.C. 101, the term biological material shall include material that is capable of self-replication either directly or indirectly. Representative examples include bacteria, fungi including yeast, algae, protozoa, eukaryotic cells, cell lines, hybridomas, plasmids, viruses, plant tissue cells, lichens and seeds. Viruses, vectors, cell organelles and other non-living material existing in and reproducible from a living cell may be deposited by deposit of the host cell capable of reproducing the non-living material.
- Rejections Based on Deposit Issue
- Treatment of Replacement
37 CFR 1.805(e)
where a replacement deposit is permitted and made, the examiner will assume that the same material as described in the patent is accessible from the identified depository unless evidence to the contrary comes to the attention of the Office
- Possible Loss of U.S. Filing Date in Other Countries
caution that in many countries the deposit must be made before the filing date of the priority application in order to obtain foreign priority rights.
- Acceptable Depository
The depository must:
(i)Have a continuous existence;
(ii)Exist independent of the control of the depositor;
(iii)Possess the staff and facilities sufficient to examine the viability of a deposit and store the deposit in a manner which ensures that it is kept viable and uncontaminated;
(iv)Provide for sufficient safety measures to minimize the risk of losing biological material deposited with it;
(v)Be impartial and objective;
(vi)Furnish samples of the deposited material in an expeditious and proper manner; and
(vii)Promptly notify depositors of its inability to furnish samples, and the reasons why.
5 True/False questions
2407.05 → Failure to Replace
37 CFR 1.805(d) sets forth the Office position that the failure to make a replacement deposit in a case pending before the Office, for example a reissue or reexamination proceeding, where a deposit is considered to be necessary to satisfy the requirements of 35 U.S.C. 112, shall cause the application or patent involved to be treated in any Office proceeding as if no deposit were made. - See more at: http://www.wikilawschool.net/wiki/MPEP_2400#sthash.r1onQWb8.dpuf
2408 → Replacement or Supplement of Deposit
2410.01 → Conditions of Deposit
2424.01 → Informational Requirements for the Sequence Listing
2424.02 → Additional Miscellaneous Requirements