Skip to main content
Premium Trial:

Request an Annual Quote

USPTO Maintains Rejection of Three Helicos Patents


By Julia Karow

The United States Patent and Trademark Office has maintained its initial rejection of three of four Helicos BioSciences patents that are subject to an inter partes reexamination.

Pacific Biosciences requested the reexamination of the patents — US Patent No. 7,037,687, No. 7,169,560, No. 7,645,596, and No. 7,767,400 — earlier this year and the USPTO granted the request this spring, rejecting all claims in a non-final office action (IS 5/10/2011).

Recently, the patent office issued a so-called action closing prosecution for each of the '560, '596, and '687 patents in which it stood by its initial decision to reject all their claims.

Helicos has 30 days from the mailing dates of each ACP — which ranged from early September to late October — to respond with comments, to which PacBio may respond within 30 days.

In a court filing for a related patent lawsuit this month, PacBio pointed out that Helicos did not propose any new or amended claims for the '687, '560, or '596 patents in response to the USPTO's initial claim rejections, and may not do so now without special reasons. Therefore, PacBio said, it believes the inter partes reexamination of those three patents "will proceed to completion quickly and efficiently."

Helicos did respond to the USPTO's initial rejection of the '400 patent, according to PacBio, amending each claim. As of Oct. 25, the USPTO had not filed another office action for the '400 patent.

Have topics you'd like to see covered in In Sequence? Contact the editor at jkarow [at] genomeweb [.] com.

The Scan

Removal Inquiry

The Wall Street Journal reports that US lawmakers are seeking additional information about the request to remove SARS-CoV-2 sequence data from a database run by the National Institutes of Health.

Likely to End in Spring

Free lateral flow testing for SARS-CoV-2 may end in the UK by next spring, the head of Innova Medical Group says, according to the Financial Times.

Searching for More Codes

NPR reports that the US Department of Justice has accused an insurance and a data mining company of fraud.

Genome Biology Papers on GWAS Fine-Mapping Method, COVID-19 Susceptibility, Rheumatoid Arthritis

In Genome Biology this week: integrative fine-mapping approach, analysis of locus linked to COVID-19 susceptibility and severity, and more.