How does the MPEP address nucleotide analogs in its definition?
The MPEP 2412.03(d) includes nucleotide analogs in its comprehensive definition of nucleotides. Specifically, it states:
“‘Nucleotide’ includes any nucleotide, nucleotide analog, or modified nucleotide as defined in paragraphs 3(f) and 3(g) of WIPO Standard ST.26.”
The MPEP further elaborates on nucleotide analogs by describing backbone moieties that can be part of these structures:
“an analogue of a 2′ deoxyribose 5′ monophosphate or ribose 5′ monophosphate, which when forming the backbone of a nucleic acid analogue, results in an arrangement of nucleobases that mimics the arrangement of nucleobases in nucleic acids containing a 2′ deoxyribose 5′ monophosphate or ribose 5′ monophosphate backbone, wherein the nucleic acid analogue is capable of base pairing with a complementary nucleic acid”
This definition allows for a wide range of synthetic and modified nucleic acid structures to be included in patent applications, reflecting the diverse landscape of nucleotide analogs used in modern biotechnology research and applications.
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