office of initial patent examination (oipe). pre-exam process open & sort assign sn post fees...
Post on 31-Mar-2015
216 Views
Preview:
TRANSCRIPT
Office of Initial Patent Examination (OIPE)
Pre-exam Process
Open & Sort Assign SN
Post Fees(RAM)
Prepare for Scanning &
Validate Post Card
Security Screen
Scan and Index
(PACR)
Formalities Review (PALM)
TechnologyCenters
USPSMail
CustomerWindow
ClassifyNotices
& Filing Receipts
Non Provisional Application Days to Mail Filing Receipt
January - June 2001
Within 30 Days
31 - 60 Days
61 - 90 Days
91 - 120 Days
121 - 150 Days
151 - 180 Days
More Than 180 Days
10.5%
47.1%
21.1%
9.9%
7.3%
2.3%
1.8%
Provisional ApplicationDays to Mail Filing Receipt
January - June 2001
Within 30 Days
31 - 60 Days
61 - 90 Days
91 - 120 Days
121 - 150 Days
151 - 180 Days
More Than 180 Days
0.6%
6.0%
33.6%
43.0%
12.1%
3.5%
1.2%
Filing Receipt Quality
OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJune
71%72%80%80%87%94%98%97%98%
18 Month Publication
Publication of utility and plant applications as filed after 18 months from earliest effective filing date
May request early publication May provide assignment for publication Applications must be ready for publication
Specification Requirements
Left margin at least 2.5 cm (1") and all other margins at least 2.0 cm (3/4") Recommend at least 2.5 cm (1”) top
A4 (21cm x 29.7 cm) or 8-1/2"x 11" Typewriter or mechanically printed Line spacing 1-1/2 or double-spaced A verified English translation
Specification Requirements
Claim or claims must commence on a separate sheet
Abstract must commence on a separate sheet
An abstract must not exceed 150 words Title must not exceed 500 characters Figures not permitted in specification
Drawing Requirements
Top and left margins at least 1 inch, right margin at least 5/8 inch, and bottom margin at least 3/8 inch
Drawing sheets must be either 8 ½ by 11 inches or DIN size A4
Photographs not be permitted unless what is being shown cannot be drawn
English alphabet required, except where another alphabet is customarily used
Drawing views numbered in consecutive Arabic numerals starting with 1
Corrected Application Papers
Incorrect margins – 16.4%Abstract missing – 1.1%Abstract exceeds 150 words – 0.6%Abstract not on separate sheet –
0.4% Claims not on separate sheet – 0.8%
Pre Grant Publication
Pre Grant Publication legislation requires that the Raw Sequence Listing is published.
Certain Sequence Requirements must be complied with before the application is released from OIPE to the Technology Centers
OIPE REQUIREMENTS
Raw Sequence Listing submitted on Computer Readable Format (CRF) (CFR 1.821(e))
May use the CRF from a previously filed application (37 CFR 1.821(e))
Paper or Compact Disc copy of Sequence Listing (37 CFR 1.821(c))
Statement indicating that both the Raw Sequence Listing (CRF) and paper or CD copy are the same (37 CFR 1.821+)
Computer Readable Copy
May be the original CRF of the “instant” application or the CRF from a previously filed application under 37 CRF 1.821(e)
OIPE refers to this as a “Transfer Request”
Raw Sequence Listing (CRF)
The receipt of a CRF or Transfer Request is recorded in PTO’s PALM database if received when the application is filed
The CRF or Transfer Request is delivered to the Scientific and Technical Information Center (STIC) for review
STIC Performs Review of CRF
If the CRF is in compliance, it is recorded in PALM and a Raw Sequence Listing is printed and matched with the file wrapper
If problems are found, one of the following reports are printed and matched with the file wrapper
CRF Problem Report
CRF is Damaged or UnreadableCRF is Blank or Empty (no files)CRF has virus or not in ASCII textCRF does not contain a Sequence
Listing
A copy of the report is mailed to the customer
Raw Sequence Listing Error Report
The error report contains many potential problems with the Sequence Listing provided on the CRF.
This report is also mailed to the customer to specify the exact nature of the CRF problem
Some Examples of RSL Error Report Problems
Nucleotide/amino acid sequences “wrapped” to the next line of the RSL
Incorrect line length (max. 72 characters)
Misaligned amino acid numberingSkipped or missing sequencesCorrupted Files
OIPE Formalities Review
Check for the presence of nucleotide/amino acid sequences in the following documents:
Preliminary AmendmentSpecificationClaimsDrawing figures
Sequence ID Numbers
The presence of SEQ ID NO in the preliminary amendment, specification, claims or drawing figures indicates that the Raw Sequence Listing and paper or CD copy of the Sequence Listing are required
OIPE Formalities Review Continued
Review STIC analysis of CRF Verify the presence of a Sequence ListingCheck for statement (under 37 CFR 1.821)
that both the CRF and paper or CD copy of Sequence Listing are the same
Compare header information of the RSL and Sequence Listing – verify that both are the same
RLS/Sequence Listing Comparison
Header information checked:<110> Names of Inventors<120> Title of Invention<130> Attorney Docket Number<160> Number of Sequences
Notification of Sequence Problems
OIPE notifies customers via Notice to Comply with Requirements for Patent Applications Containing Nucleotide Sequence And/Or Amino Acid Sequence…
Problems may also be listed on a Notice to File Missing Parts or Notice to File Corrected Application Papers
Sequences – Compliance Not Required
Branched Sequences Ala Leu Asp Arg
IGluTyrTrp
Sequences – Compliance Not Required
D-Type amino acid sequencesGln Lys D-Ser D-Arg Ile Val
Fewer than 10 nucleotidesatgctgca
Compact Disc (CD) Submissions
Parts of application can now be filed on compact disc (CD) in lieu of paper, effective September 8, 2000, under 37 CFR 1.52(e)
Large tables over 50 pages (37 CFR 1.58)
Computer program listings (37 CFR 1.96)
Nucleotide and/or Amino Acid Sequences (37 CFR 1.821+)
Compact Disc (CD) Submissions
Submission must be on CD-ROM or CD-R media only - no CD-RW or DVD allowed
CD must conform to ISO 9660 standards Files must be in ASCII format CDs must be submitted in duplicate (each
CD set must be labeled Copy 1 and Copy 2) Copy 2 must be an exact duplicate of Copy
1 (same file name, file size, date) Contents of CD (name, size, date) must be
indicated on transmittal letter and in specification
top related