How does the change from WIPO ST.25 to ST.26 affect existing patent applications?
The transition from WIPO ST.25 to ST.26 primarily affects new patent applications filed on or after July 1, 2022. As stated in MPEP § 2431:
“This section is not applicable to applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).”
Existing applications filed before July 1, 2022, generally continue to use the ST.25 standard. However, if significant amendments or changes to the sequence listing are required for an existing application, applicants may need to consider converting to the ST.26 format. It’s advisable to consult with a patent attorney or the USPTO for specific cases.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2431 - Sample "Sequence Listing" Under Wipo St.25,
Patent Law,
Patent Procedure