MPEP § 2412.05(e) — Presentation of Special Situations (Annotated Rules)
§2412.05(e) Presentation of Special Situations
This page consolidates and annotates all enforceable requirements under MPEP § 2412.05(e), 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.
Presentation of Special Situations
This section addresses Presentation of Special Situations. Primary authority: 37 CFR 1.832(a), 37 CFR 1.832, and 37 CFR 1.831(a)). Contains: 3 requirements and 1 prohibition.
Key Rules
Sequence Listing Content
[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)].
(d) A nucleotide and/or amino acid sequence that is constructed as a single continuous sequence derived from one or more non-contiguous segments of a larger sequence or of segments from different sequences must be listed in the “Sequence Listing XML” in the manner described in paragraph 35 of WIPO Standard ST.26.
(e) A nucleotide and/or amino acid sequence that contains regions of specifically defined residues separated by one or more regions of contiguous “n” or “X” residues, wherein the exact number of “n” or “X” residues in each region is disclosed, must be listed in the “Sequence Listing XML” in the manner described in paragraph 36 of WIPO Standard ST.26.
(f) A nucleotide and/or amino acid sequence that contains regions of specifically defined residues separated by one or more gaps of an unknown or undisclosed number of residues must be listed in the “Sequence Listing XML” in the manner described in paragraph 37 of WIPO Standard ST.26.
WIPO Standard ST.26, paragraph 35, describes that a sequence disclosed by enumeration of its residues that is constructed as a single continuous sequence from one or more non-contiguous segments of a larger sequence or of segments from different sequences must be included in the “Sequence Listing XML” and assigned its own sequence identifier, as defined in 37 CFR 1.832(a). See MPEP § 2412.05(a).
WIPO Standard ST.26, paragraph 36, describes that a sequence that contains regions of specifically defined residues separated by one or more regions of contiguous “n” or “X” residues, wherein the exact number of “n” or “X” residues in each region is disclosed, must be included in the “Sequence Listing XML” as one sequence and assigned its own sequence identifier.
WIPO Standard ST.26, paragraph 37, describes that a sequence that contains regions of specifically defined residues separated by one or more gaps of an unknown or undisclosed number of residues must not be represented in the “Sequence Listing XML” as a single sequence. Each region of specifically defined residues (as encompassed by the definition in 37 CFR 1.831(a)) must be included in the “Sequence Listing XML” as a separate sequence and assigned its own sequence identifier.
Sequence Listing Format
WIPO Standard ST.26, paragraph 37, describes that a sequence that contains regions of specifically defined residues separated by one or more gaps of an unknown or undisclosed number of residues must not be represented in the “Sequence Listing XML” as a single sequence. Each region of specifically defined residues (as encompassed by the definition in 37 CFR 1.831(a)) must be included in the “Sequence Listing XML” as a separate sequence and assigned its own sequence identifier.
Citations
| Primary topic | Citation |
|---|---|
| Sequence Listing Content Sequence Listing Format | 37 CFR § 1.831(a) |
| Sequence Listing Content | 37 CFR § 1.831(b) |
| Sequence Listing Content | 37 CFR § 1.832(a) |
| Sequence Listing Content | MPEP § 2412.05(a) |
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.
Official MPEP § 2412.05(e) — Presentation of Special Situations
Source: USPTO2412.05(e) Presentation of Special Situations [R-01.2024]
[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)].
37 CFR 1.832 Representation of nucleotide and/or amino acid sequence data in the “Sequence Listing XML” part of a patent application filed on or after July 1, 2022.
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- (d) A nucleotide and/or amino acid sequence that is constructed as a single continuous sequence derived from one or more non-contiguous segments of a larger sequence or of segments from different sequences must be listed in the “Sequence Listing XML” in the manner described in paragraph 35 of WIPO Standard ST.26.
- (e) A nucleotide and/or amino acid sequence that contains regions of specifically defined residues separated by one or more regions of contiguous “n” or “X” residues, wherein the exact number of “n” or “X” residues in each region is disclosed, must be listed in the “Sequence Listing XML” in the manner described in paragraph 36 of WIPO Standard ST.26.
- (f) A nucleotide and/or amino acid sequence that contains regions of specifically defined residues separated by one or more gaps of an unknown or undisclosed number of residues must be listed in the “Sequence Listing XML” in the manner described in paragraph 37 of WIPO Standard ST.26.
WIPO Standard ST.26, paragraph 35, describes that a sequence disclosed by enumeration of its residues that is constructed as a single continuous sequence from one or more non-contiguous segments of a larger sequence or of segments from different sequences must be included in the “Sequence Listing XML” and assigned its own sequence identifier, as defined in 37 CFR 1.832(a). See MPEP § 2412.05(a).
WIPO Standard ST.26, paragraph 36, describes that a sequence that contains regions of specifically defined residues separated by one or more regions of contiguous “n” or “X” residues, wherein the exact number of “n” or “X” residues in each region is disclosed, must be included in the “Sequence Listing XML” as one sequence and assigned its own sequence identifier.
WIPO Standard ST.26, paragraph 37, describes that a sequence that contains regions of specifically defined residues separated by one or more gaps of an unknown or undisclosed number of residues must not be represented in the “Sequence Listing XML” as a single sequence. Each region of specifically defined residues (as encompassed by the definition in 37 CFR 1.831(a)) must be included in the “Sequence Listing XML” as a separate sequence and assigned its own sequence identifier.