Skip to main content
Premium Trial:

Request an Annual Quote

USPTO Maintains Rejection of Three Helicos Patents

Premium

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

Genetic Tests Lead to Potential Prognostic Variants in Dutch Children With Dilated Cardiomyopathy

Researchers in Circulation: Genomic and Precision Medicine found that the presence of pathogenic or likely pathogenic variants was linked to increased risk of death and poorer outcomes in children with pediatric dilated cardiomyopathy.

Fragile X Syndrome Mutations Found With Comprehensive Testing Method

Researchers in Clinical Chemistry found fragile X syndrome expansions and other FMR1 mutations with ties to the intellectual disability condition using a long-range PCR and long-read sequencing approach.

Team Presents Strategy for Speedy Species Detection in Metagenomic Sequence Data

A computational approach presented in PLOS Computational Biology produced fewer false-positive species identifications in simulated and authentic metagenomic sequences.

Genetic Risk Factors for Hypertension Can Help Identify Those at Risk for Cardiovascular Disease

Genetically predicted high blood pressure risk is also associated with increased cardiovascular disease risk, a new JAMA Cardiology study says.