Why are all sequences, claimed or not, required in patent applications?
All sequences, whether claimed or only disclosed, are required in patent applications for several important reasons. According to MPEP 2421.02:
“All such sequences are relevant for the purposes of building a comprehensive database and properly assessing prior art. It is therefore essential that all sequences, whether only disclosed or also claimed, be included in the database.”
This requirement serves two main purposes:
- Building a comprehensive database: Including all sequences helps create a complete repository of genetic information from patent applications.
- Assessing prior art: A comprehensive database allows for more accurate and thorough searches of existing sequences when evaluating the novelty of new patent applications.
By requiring all sequences to be included, regardless of whether they are claimed, the patent office ensures that the public record is as complete as possible, facilitating better patent examination and promoting scientific progress.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2421.02 - Summary Of The Requirements Of The Sequence Rules,
Patent Law,
Patent Procedure