MPEP § 2412.03(d) — “Nucleotide” (Annotated Rules)

§2412.03(d) “Nucleotide”

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 2412.03(d), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

“Nucleotide”

This section addresses “Nucleotide”. Primary authority: 37 CFR 1.831(b) and 37 CFR 1.831. Contains: 2 permissions and 2 other statements.

Key Rules

Topic

Sequence Listing Content

3 rules
StatutoryInformativeAlways
[mpep-2412-03-d-182469ac44fecaf5fd95611c]
Nucleotide and Amino Acid Sequence Disclosure Required for Filing
Note:
All applications filed on or after July 1, 2022, must disclose one or more nucleotide or amino acid sequences as defined in 37 CFR 1.831(b).

[Editor Note: This section is applicable to all applications with a filing date, or, for national phase applications, an international filing date, on or after July 1, 2022, having disclosure of one or more nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b). Formatting representations of XML (eXtensible Markup Language) elements in this section appear different than shown in Standard ST.26, which may be accessed at: www.wipo.int /export/sites/www/ standards/en/pdf/03-26-01.pdf.]

Jump to MPEP Source · 37 CFR 1.831(b)Sequence Listing ContentSequence Listing RequirementsSequence Listing Format
StatutoryPermittedAlways
[mpep-2412-03-d-f0afb090f29bb6f0f5c8381a]
Definition of Nucleotide Includes Analogues and Modified Nucleotides
Note:
This rule defines a nucleotide to include any nucleotide, analogue, or modified nucleotide that can be represented using specific symbols and contains a backbone moiety joined to a nucleobase or lacking one in certain sequences.
WIPO Standard ST.26, paragraphs 3(f) and (g), identify a “nucleotide” to encompass any nucleotide or nucleotide analogue or “modified nucleotide” (see MPEP § 2412.03(e)) that can be represented using any of the symbols set forth in Table 1: List of Nucleotides Symbols (see MPEP § 2412.03(a)), wherein the nucleotide, or nucleotide analogue, or modified nucleotide contains:
  • (i) a backbone moiety selected from:
    • (1) 2’ deoxyribose 5’ monophosphate (the backbone moiety of a deoxyribonucleotide) or ribose 5’ monophosphate (the backbone moiety of a ribonucleotide); or
    • (2) 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; examples of backbone moieties include amino acids as in peptide nucleic acids, glycol molecules as in glycol nucleic acids, threofuranosyl sugar molecules as in threose nucleic acids, morpholine rings and phosphorodiamidate groups as in morpholinos, and cyclohexenyl molecules as in cyclohexenyl nucleic acids; and
  • (ii) the backbone moiety is either:
    • (1) joined to a nucleobase, including a modified or synthetic purine or pyrimidine nucleobase; or
    • (2) lacking a purine or pyrimidine nucleobase when the nucleotide is part of a nucleotide sequence, referred to as an “AP site” or an “abasic site”.
Jump to MPEP Source · 37 CFR 1.831Sequence Listing ContentSequence Listing FormatSequence Listing Requirements
StatutoryInformativeAlways
[mpep-2412-03-d-be7bd39fbd6ef340dc2e9308]
Requirement for Abasic Sites in Nucleotide Sequences
Note:
This rule requires that nucleotides lacking a purine or pyrimidine base be identified as abasic sites when part of a sequence.

WIPO Standard ST.26, paragraphs 3(f) and (g), identify a “nucleotide” to encompass any nucleotide or nucleotide analogue or “modified nucleotide” (see MPEP § 2412.03(e)) that can be represented using any of the symbols set forth in Table 1: List of Nucleotides Symbols (see MPEP § 2412.03(a)), wherein the nucleotide, or nucleotide analogue, or modified nucleotide contains:
(ii) the backbone moiety is either:

(2) lacking a purine or pyrimidine nucleobase when the nucleotide is part of a nucleotide sequence, referred to as an “AP site” or an “abasic site”.

Jump to MPEP Source · 37 CFR 1.831Sequence Listing ContentSequence Listing FormatSequence Listing Requirements
Topic

Sequence Listing Format

1 rules
StatutoryPermittedAlways
[mpep-2412-03-d-29bbe878e70f73b1a54c35b7]
XML Elements Must Follow Specific Format
Note:
Nucleotide and amino acid sequence disclosures must be formatted according to specific XML standards as defined in Standard ST.26.

[Editor Note: This section is applicable to all applications with a filing date, or, for national phase applications, an international filing date, on or after July 1, 2022, having disclosure of one or more nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b). Formatting representations of XML (eXtensible Markup Language) elements in this section appear different than shown in Standard ST.26, which may be accessed at: www.wipo.int /export/sites/www/ standards/en/pdf/03-26-01.pdf.]

Jump to MPEP Source · 37 CFR 1.831(b)Sequence Listing FormatSequence Listing ContentSequence Listing Requirements

Citations

Primary topicCitation
Sequence Listing Content
Sequence Listing Format
37 CFR § 1.831(b)
Sequence Listing ContentMPEP § 2412.03(a)
Sequence Listing ContentMPEP § 2412.03(e)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31