5 Written questions
5 Matching questions
- a Conditions of Deposit
- b Additional Miscellaneous Requirements
- c 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
- d Nucleotide and/or Amino Acid Sequence Disclosures in Patent Disclosure in Patent Applications
- e 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.
5 Multiple choice questions
- 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
- 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.
- After Patent Has Been Granted
- Informational Requirements for the Sequence Listing
- Certification of Statement of Availability of Deposit
5 True/False questions
2422.04 → Requirements for Compliance, Statements Regarding New Matter, and Sanctions for Failure to Comply
2407.06 → 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
2427.01 → Form Paragraphs
2406.01 → Description in Application Specification
37 CFR 1.804(a)
requirement for a specific identification consistent with the description requirement of the first paragraph of 35 U.S.C. 112 and provides an antecedent basis for the biological material which either has been or will be deposited before the patent is granted.
2407.05 → Exemption From Replacement