5 Written questions
5 Matching questions
- a The Requirement for a Computer Readable Copy of the Offical Copy of the Sequence Listing
- b 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.
- c Form Paragraphs and Notice to Comply
- d Requirements for Nucleotide and/or Amino Acid Sequences as Part of the Application Papers
- e Replacement or Supplemental of Deposit
AFTER A PATENT HAS ISSUED
5 Multiple choice questions
- 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.
- 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.
- The Requirement for Patent Applications Containing Nucleotide Sequence and/or Amino Acid Sequence Disclosures-the Sequence
- Symbols and Format to be used for Nuclueotide and/or Amino Acid Sequence Data
- Examination Procedures
5 True/False questions
2406 → Replacement or Supplement of Deposit
2424.03 → Additional Miscellaneous Requirements
2421.02 → Notification of a Failure to Comply
2411.02 → Replies to Rejections Based on Deposit Issue
Once a rejection under 35 U.S.C. 112 has been made by the examiner directed to the absence of access to a biological material, applicant may reply, pursuant to 37 CFR 1.809 (b)(1), by either making an acceptable original or replacement deposit in accordance with these regulations, or assuring the Office in writing that an acceptable deposit will be made on or before the date of payment of the issue fee, or by submitting an argument of why a deposit is not required under the circumstances of the application being considered. Other replies to such a rejection by the examiner shall be considered nonresponsive and may result in abandonment of the application. - See more at: http://www.wikilawschool.net/wiki/MPEP_2400#sthash.r1onQWb8.dpuf
2402 → 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.