How do I amend a “Sequence Listing” in a granted patent?
Amending a “Sequence Listing” in a granted patent is addressed in 37 CFR 1.825(d). The process applies to amendments made by certificate of correction, reissue, or reexamination.
The MPEP states: “Any appropriate amendments to the ‘Sequence Listing’ in a patent (e.g., by reason of reissue, reexamination, or a certificate of correction) must comply with the requirements of paragraph (b) of this section.“
This means that the requirements for amending a “Sequence Listing” in a granted patent are the same as those for amending a “Sequence Listing” in a pending application, which include:
- Submitting a replacement “Sequence Listing”
- Providing statements about the changes, basis for the amendment, and absence of new matter
- Submitting a new or substitute CRF if necessary
- Including an incorporation by reference statement if the replacement is an ASCII plain text file
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2426 - Amendments To Add Or Replace A "Sequence Listing" And Crf Copy Thereof Subject To Wipo St. 25,
Patent Law,
Patent Procedure