How do sequence listing issues affect international patent searches and opinions?
Sequence listing issues can significantly impact international patent searches and opinions. The MPEP specifically mentions that a meaningful search or opinion may not be possible when nucleotide and/or amino acid sequence listings are not provided in the required form, language, and manner. As stated in MPEP 1843.03:
“For example, the examiner may determine that a meaningful search cannot be carried out or that no meaningful opinion can be formed in certain cases where a nucleotide and/or amino acid sequence listing is not furnished in the required form, language and manner.”
This is further supported by Administrative Instructions Section 513(c). Proper sequence listings are crucial for conducting thorough searches and forming opinions on patentability, especially in biotechnology and pharmaceutical fields. Applicants must ensure that sequence listings comply with PCT requirements to avoid delays or difficulties in the international search and examination process.
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