What is the difference between the 1996 and 2007 USPTO policies on nucleotide sequences?
The 1996 and 2007 USPTO policies on nucleotide sequences differ significantly in their approach to multiple sequences in a single application. MPEP 803.04 outlines these changes:
“In 1996, the Commissioner of Patents and Trademarks decided sua sponte to partially waive the requirements of 37 CFR 1.141 et seq. and permit a reasonable number of such nucleotide sequences to be claimed in a single application. […] In 2007, the Commissioner for Patents rescinded the waiver.”
The 1996 policy allowed multiple nucleotide sequences in a single application, providing more flexibility for applicants. However, the 2007 policy rescinded this waiver, reverting to the standard practice of treating each nucleotide sequence as a potentially separate invention subject to restriction requirements. This change affects how patent applications containing multiple nucleotide sequences are examined and prosecuted.
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