How should coding regions be depicted in patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

According to 37 CFR 1.822(c)(3), if an applicant chooses to depict coding regions, the amino acids corresponding to the codons in the coding parts of a nucleotide sequence must be listed immediately below the corresponding codons. The MPEP states:

“If applicant chooses to depict coding regions, 37 CFR 1.822(c)(3) requires the amino acids corresponding to the codons in the coding parts of a nucleotide sequence to be listed immediately below the corresponding codons.”

However, it’s important to note that depicting coding regions is not mandatory. The MPEP clarifies: “There is absolutely no requirement in the rules to depict coding regions.”

Topics: MPEP 2400 - Biotechnology MPEP 2423.02 - Depiction Of Coding Regions Patent Law Patent Procedure
Tags: Sequence Format