What are the length thresholds for nucleotide and amino acid sequences requiring a “Sequence Listing”?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

According to MPEP 2422.01, the length thresholds for nucleotide and amino acid sequences requiring a “Sequence Listing” are:

• An unbranched sequence of four or more amino acids
• An unbranched sequence of ten or more nucleotides

The MPEP states: “Nucleotide and/or amino acid sequences as used in 37 CFR 1.821 through 37 CFR 1.825 are interpreted to mean an unbranched sequence of four or more amino acids or an unbranched sequence of ten or more nucleotides.” These thresholds were established to ensure consistency with industry database collections and to encompass sequences that can bind stably to the smallest probe.