Should sequences be duplicated in both the Sequence Listing XML and drawings?
Generally, sequences included in the Sequence Listing XML should not be duplicated in the drawings. The MPEP 2412.06 states:
“Pursuant to 37 CFR 1.83(a), sequences that are included in the “Sequence Listing XML” should not be duplicated in the drawings.”
However, there are exceptions where including sequences in drawings may be necessary or beneficial:
- To demonstrate significant sequence characteristics
- To represent double-stranded nucleotides (not permitted in Sequence Listing XML)
- To show nucleotide features like “sticky ends”
- To depict similarity or homology between sequences
- To illustrate structural features of proteins (e.g., epitopes, interaction domains)
If a sequence is presented in a drawing, it must still be included in the Sequence Listing XML if it falls within the definition in 37 CFR 1.831(b), and a sequence identifier must be used.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2412.06 - The Requirement For Exclusive Conformance; Sequences Presented In Drawing Figures,
Patent Law,
Patent Procedure