How are nucleotide sequences treated in international patent applications under the PCT?
The treatment of nucleotide sequences in international patent applications filed under the Patent Cooperation Treaty (PCT) differs from national applications. According to MPEP 803.04:
“See MPEP § 1850 for treatment of claims containing independent and distinct nucleotide sequences in international applications filed under the Patent Cooperation Treaty (PCT) and national stage applications filed under 35 U.S.C. 371.”
MPEP § 1850 provides specific guidance on how to handle multiple nucleotide sequences in PCT applications and national stage applications. This may include considerations for unity of invention, which is the PCT equivalent to the U.S. restriction practice. Applicants and examiners should refer to this section for detailed procedures on examining applications with multiple nucleotide sequences in the international context.
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