What is required when submitting a “Sequence Listing” as an ASCII plain text file?
When submitting a “Sequence Listing” as an ASCII plain text file, the following requirements apply:
- The ASCII plain text file serves as both the “Sequence Listing” under 37 CFR 1.821(c) and the CRF under 37 CFR 1.821(e)
- An incorporation by reference statement is required in the specification
- The incorporation by reference statement must comply with 37 CFR 1.77(b)(5)
The MPEP states: “If the ‘Sequence Listing’ is filed as an ASCII plain text file only, thereby serving both as a ‘Sequence Listing’ under 37 CFR 1.821(c) and a CRF under 37 CFR 1.821(e), then an incorporation by reference statement is required in the specification (replacing any prior such paragraph) (see 37 CFR 1.77(b)(5)).“
It’s important to note that “an incorporation by reference statement should not be submitted for a separate CRF of a ‘Sequence Listing’ submitted under 37 CFR 1.821(e).”
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