What are the rules for applications filed on or after July 1, 2022, regarding sequence disclosures?

For applications filed on or after July 1, 2022, new rules apply regarding sequence disclosures. The MPEP section 2422.02 includes an important editor’s note:

“[Editor Note: This section is not applicable to applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b). See MPEP §§ 2412 – 2419 for guidance on WIPO ST.26 requirements for applications filed on or after July 1, 2022.]”

This means that for newer applications:

  • The rules outlined in MPEP 2422.02 do not apply.
  • Instead, applicants should refer to MPEP §§ 2412 – 2419 for guidance.
  • These sections provide information on WIPO ST.26 requirements, which is a new standard for the presentation of nucleotide and amino acid sequence listings in patent applications.

Applicants filing on or after July 1, 2022, should ensure they are following the most up-to-date guidelines for sequence disclosures in their patent applications.

To learn more:

Topics: MPEP 2400 - Biotechnology, MPEP 2422.02 - The Requirement For Exclusive Conformance; Sequences Presented In Drawing Figures, Patent Law, Patent Procedure
Tags: July 1 2022, New Rules, patent applications, Sequence Disclosures, wipo st.26