What is the preferred method for submitting a Sequence Listing to the USPTO?

The USPTO strongly recommends submitting the Sequence Listing as an ASCII plain text file via the USPTO patent electronic filing system. This method offers several advantages:

  • It serves as both the Sequence Listing under 37 CFR 1.821(c) and the Computer Readable Form (CRF) under 37 CFR 1.821(e).
  • It eliminates the need for a separate CRF submission.
  • It allows for easier processing and handling by the USPTO.

The MPEP states: The Office strongly suggests filing the “Sequence Listing” required by 37 CFR 1.821(c) as an ASCII plain text file via the USPTO patent electronic filing system.

However, it’s important to note that for applications filed under 35 U.S.C. 111(a), an incorporation by reference statement must be included in the specification. This statement should identify the name of the ASCII plain text file, its creation date, and its size in bytes.

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Topics: MPEP 2400 - Biotechnology, MPEP 2422.03 - Sequence Listing Submission, Patent Law, Patent Procedure
Tags: Ascii Plain Text File, electronic filing, sequence listing, USPTO