5 Written questions
5 Matching questions
- a 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
- b Overview of the Sequence Rules
- c Exemption From Replacement
- d Time of Making an Original Deposit
- e Form and Format for Nucleotide and/or Amino Acid Sequence Submissions in Computer Readable Form
5 Multiple choice questions
- Content of Application with Respect to Deposited Material
- Replacement or Supplement of Deposit
- 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.
- 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.
- 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
2422.07 → The Requirement for Exclusive Conformance; Sequences Presented in Drawing Figures
2422.02 → Box Sequence; Hand Delivery of Sequence Listings and Computer Readable Forms
2406.03 → 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.
2410 → Furnishing of Samples
2411.03 → After Patent Has Been Granted