How do filing requirements for sequence listings differ between national and international applications?
Filing requirements for sequence listings can vary between national US applications, foreign applications, and international applications. MPEP 2422 highlights some key differences:
- For international applications filed in paper, the sequence listing part must also be provided in paper.
- A copy of the sequence listing in ASCII plain text must be filed on read-only optical disc or via the USPTO electronic filing system for international search purposes (PCT Rule 13ter).
- In contrast to US national applications, a sequence listing filed with RO/US in ASCII plain text that is 300 MB or more in size is not subject to a size fee during the international phase of an international application.
The MPEP states: “Applicants should similarly be aware that filing requirements for sequence listings may differ between a national US application, a foreign application and an international application during international phase.“
It’s crucial for applicants to be aware of these differences to ensure proper compliance with the requirements of various patent offices and international agreements.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2422 - Nucleotide And/Or Amino Acid Sequence Disclosures In Patent Applications Subject To Wipo St.25,
Patent Law,
Patent Procedure