What are the implications of the 2007 USPTO policy change for pending applications with multiple nucleotide sequences?
The 2007 USPTO policy change, which rescinded the 1996 waiver allowing multiple nucleotide sequences in a single application, has specific implications for pending applications. MPEP 803.04 states:
“All pending applications are subject to the 2007 OG notice. Note, however, that supplemental restriction requirements will not be advanced in applications that have already received an action on their merits for multiple nucleotide sequences in the absence of extenuating circumstances.”
This means that while all pending applications are subject to the 2007 policy, the USPTO will not issue new restriction requirements for applications that have already been examined with multiple nucleotide sequences, unless there are extenuating circumstances. This approach balances the new policy with fairness to applicants who filed under the previous understanding.
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