How do I amend an existing “Sequence Listing” in a patent application?
To amend an existing “Sequence Listing” in a patent application, 37 CFR 1.825(b) requires:
- Submission of a replacement “Sequence Listing” in one of three formats: ASCII plain text file, PDF file, or physical sheets of paper
- A request to make the amendment by incorporation by reference or insertion into the specification
- Statements identifying the location of all changes, indicating the basis for the amendment, and confirming no new matter has been added
- A new or substitute CRF (if applicable)
- A statement that the CRF contains the same sequence information as the replacement “Sequence Listing” (if applicable)
The MPEP notes: “If the replacement ‘Sequence Listing’ is filed as an ASCII plain text file, then an incorporation by reference statement is required in the specification (replacing any prior such paragraph) (see 37 CFR 1.77(b)(5)).“
For amendments to read-only optical discs, remember that “any amendment to the information on a read-only optical disc must be by the way of a replacement read-only optical disc. 37 CFR 1.52(e)(7).”
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2426 - Amendments To Add Or Replace A "Sequence Listing" And Crf Copy Thereof Subject To Wipo St. 25,
Patent Law,
Patent Procedure