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Whether Easy or Complicated, Inventorship Determination Should be a Part of the Patent Drafting Process

For many patent practitioners, drafting a patent application based on an invention disclosure is one of the skills learned during the formative years of practice.  It often involves repeated discussions with inventors regarding the scope, focus and overall concept of the invention to be described.  What may not be a focus, however, is a full discussion of the contributions of those involved in the disclosure to determine whether they should be listed as inventors of the patent application.  A recent decision by the United States Court of Appeals for the Federal Circuit (Federal Circuit) highlights the importance of these discussions, even though they may be difficult or unpleasant to conduct.

Prosecution, Inventorship
Author: Jeffrey K. Mills, Ph.D.

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Sequence Listings in International Applications

Patent applications containing nucleic acid and/or protein sequences are required to include a sequence listing, typically submitted electronically as an ASCII text file. Applicants are advised to include an electronic sequence listing at the time of filing and ensure that the sequence listing is a part of the international application. However, submission at the time of filing is not always possible, and applicants should be aware of the rules and procedures when providing the sequence listing after filing.  Failure to adhere to these procedures can result in serious consequences for the international application and subsequent national stage entry.

Prosecution, PCT
Authors: Minxi Rao, Ph.D., Cynthia M. Bouchez, Ph.D.

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