How does MPEP 2434 address variants of claimed nucleotide sequences?

How does MPEP 2434 address variants of claimed nucleotide sequences?

MPEP 2434 provides guidance on how to handle variants of claimed nucleotide sequences in patent applications. The section states:

Direct quote: “If the application contains a claim directed to a nucleotide sequence that is set forth by SEQ ID NO, and the claim recites a specific limitation of the sequence or variants thereof, the claim should be examined.”

This guidance implies that:

• Variants of a claimed sequence are considered part of the examination process
• Examiners should review claims that include specific limitations on sequence variants
• The examination should ensure that the specification provides adequate support for the claimed variants

When addressing variants, applicants should clearly define the scope of the variants in their claims and provide sufficient written description to support the claimed variants. Examiners will assess whether the disclosed variants meet the patentability requirements, including novelty, non-obviousness, and enablement.

To learn more:

• sequence variants
• nucleotide sequences
• patent examination
• MPEP 2434