How does the definition of “Modified Nucleotide” in MPEP 2412.03(e) affect patent applications?

The definition of “Modified Nucleotide” in MPEP 2412.03(e) affects patent applications in several ways:

  1. Application Date: It applies to applications filed on or after July 1, 2022.
  2. Sequence Disclosure: It’s relevant for applications with nucleotide and/or amino acid sequence disclosures.
  3. Sequence Listing: Modified nucleotides must be properly identified and described in the sequence listing of the patent application.
  4. Compliance: Applications must comply with 37 CFR 1.831(b) regarding sequence disclosures.
  5. Examination: Patent examiners will use this definition to assess the novelty and non-obviousness of claimed inventions involving modified nucleotides.

Proper understanding and application of this definition is crucial for biotechnology patent applications to ensure compliance with USPTO requirements and to accurately represent the invention.

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Topics: MPEP 2400 - Biotechnology, MPEP 2412.03(E) - "Modified Nucleotide", Patent Law, Patent Procedure
Tags: 37 Cfr 1.831(B), biotechnology patents, Modified Nucleotide, sequence listing