How do I declare that a sequence listing amendment contains no new matter?

When submitting an amendment that adds a sequence listing to a patent application, it’s crucial to declare that the amendment contains no new matter. The MPEP provides a sample statement for this purpose:

“I hereby state that the amendment adding a ‘Sequence Listing’, made in accordance with 37 CFR 1.825(a) is supported in the application, as originally filed, at [insert the basis for all sequence data in the ‘Sequence Listing’ with specific references to particular parts of the application (specification, claims, drawings) as originally filed]. I hereby state that the ‘Sequence Listing’ does not include new matter.”

This statement complies with 37 CFR 1.825(a)(3) and (4). It’s important to provide specific references to the original application to support the assertion that no new matter has been added.

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Topics: MPEP 2400 - Biotechnology, MPEP 2428 - Sample Statements Under Wipo St.25, Patent Law, Patent Procedure
Tags: new matter, patent amendments, Sequence Listings, USPTO requirements