MPEP § 2422.02 — The Requirement for Exclusive Conformance; Sequences Presented in Drawing Figures (Annotated Rules)

§2422.02 The Requirement for Exclusive Conformance; Sequences Presented in Drawing Figures

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

This page consolidates and annotates all enforceable requirements under MPEP § 2422.02, 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.

The Requirement for Exclusive Conformance; Sequences Presented in Drawing Figures

This section addresses The Requirement for Exclusive Conformance; Sequences Presented in Drawing Figures. Primary authority: 37 CFR 1.83(a) and 37 CFR 1.821(a). Contains: 1 requirement, 1 guidance statement, 1 permission, and 1 other statement.

Key Rules

Topic

Sequence Listing Content

6 rules
StatutoryInformativeAlways
[mpep-2422-02-0349c0d810e978507ca59e72]
Requirement for Sequence Listing Exclusivity
Note:
The rule requires that sequence listings in drawings must be exclusive and conform to specific requirements.

[Editor Note: 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). See MPEP §§ 2412 – 2419 for guidance on WIPO ST.26 requirements for applications filed on or after July 1, 2022.]

37 CFR 1.77 · 37 CFR 1.831(b)Sequence Listing ContentSequence Listing Requirements
StatutoryInformativeAlways
[mpep-2422-02-c49ba54bc0d77120a2461ccc]
Requirement for Consistent Sequence Presentation
Note:
All applications disclosing nucleic acid and/or amino acid sequences must strictly adhere to the formatting requirements set forth in 37 CFR 1.821 through 37 CFR 1.825.

For all applications that disclose nucleic acid and/or amino acid sequences that fall within the definition set forth in 37 CFR 1.821(a), 37 CFR 1.821(b) requires exclusive conformance to the requirements of 37 CFR 1.821 through 37 CFR 1.825 with regard to the manner in which the disclosed nucleotide and/or amino acid sequences are presented and described. This requirement is necessary to minimize any confusion that could result if more than one format for representing sequence data was employed in a given application.

Jump to MPEP Source · 37 CFR 1.821(a)Sequence Listing ContentSequence Listing RequirementsSequence Listing Format
StatutoryRecommendedAlways
[mpep-2422-02-1d8b78f9761d1cff6e57a39a]
Sequences Must Not Be Duplicated in Drawings
Note:
Sequences included in sequence listings should not be duplicated in drawings, but significant features can only be shown effectively through figures.

Pursuant to 37 CFR 1.83(a), sequences that are included in sequence listings should not be duplicated in the drawings. However many significant sequence characteristics may only be demonstrated by a figure. This is especially true in view of the fact that the representation of double stranded nucleotides is not permitted in the “Sequence Listing” and many significant nucleotide features, such as “sticky ends” and the like, may only be shown effectively by reference to a drawing figure. Further, the similarity or homology between/among sequences may only be depicted in an effective manner in a drawing figure. Similarly, drawing figures are recommended for use with amino acid sequences to depict structural features of the corresponding protein, such as epitopes and interaction domains. The situations discussed herein are given by way of example only and there may be many other reasons for including a sequence in a drawing. However, when a sequence is presented in a drawing, the sequence must still be included in the “Sequence Listing” if the sequence falls within the definition set forth in 37 CFR 1.821(a), and a sequence identifier (“SEQ ID NO:X” or the like) must be used, either in the drawing itself or in the Brief Description of the Drawings.

Jump to MPEP Source · 37 CFR 1.83(a)Sequence Listing ContentSequence Listing FormatSequence Listing Requirements
StatutoryPermittedAlways
[mpep-2422-02-f9146b50fa9238f1cfa899bf]
Sequences Must Be Shown in Drawings
Note:
Nucleotide and amino acid sequences must be depicted effectively in drawing figures, even if they are included in the sequence listing.

Pursuant to 37 CFR 1.83(a), sequences that are included in sequence listings should not be duplicated in the drawings. However many significant sequence characteristics may only be demonstrated by a figure. This is especially true in view of the fact that the representation of double stranded nucleotides is not permitted in the “Sequence Listing” and many significant nucleotide features, such as “sticky ends” and the like, may only be shown effectively by reference to a drawing figure. Further, the similarity or homology between/among sequences may only be depicted in an effective manner in a drawing figure. Similarly, drawing figures are recommended for use with amino acid sequences to depict structural features of the corresponding protein, such as epitopes and interaction domains. The situations discussed herein are given by way of example only and there may be many other reasons for including a sequence in a drawing. However, when a sequence is presented in a drawing, the sequence must still be included in the “Sequence Listing” if the sequence falls within the definition set forth in 37 CFR 1.821(a), and a sequence identifier (“SEQ ID NO:X” or the like) must be used, either in the drawing itself or in the Brief Description of the Drawings.

Jump to MPEP Source · 37 CFR 1.83(a)Sequence Listing ContentSequence Listing FormatSequence Listing Requirements
StatutoryInformativeAlways
[mpep-2422-02-e25c0c9e9443a8988ef35705]
Drawings for Protein Structural Features
Note:
Amino acid sequences should be depicted in drawings to show structural features like epitopes and interaction domains, even if not listed in the sequence listing.

Pursuant to 37 CFR 1.83(a), sequences that are included in sequence listings should not be duplicated in the drawings. However many significant sequence characteristics may only be demonstrated by a figure. This is especially true in view of the fact that the representation of double stranded nucleotides is not permitted in the “Sequence Listing” and many significant nucleotide features, such as “sticky ends” and the like, may only be shown effectively by reference to a drawing figure. Further, the similarity or homology between/among sequences may only be depicted in an effective manner in a drawing figure. Similarly, drawing figures are recommended for use with amino acid sequences to depict structural features of the corresponding protein, such as epitopes and interaction domains. The situations discussed herein are given by way of example only and there may be many other reasons for including a sequence in a drawing. However, when a sequence is presented in a drawing, the sequence must still be included in the “Sequence Listing” if the sequence falls within the definition set forth in 37 CFR 1.821(a), and a sequence identifier (“SEQ ID NO:X” or the like) must be used, either in the drawing itself or in the Brief Description of the Drawings.

Jump to MPEP Source · 37 CFR 1.83(a)Sequence Listing ContentSequence Listing RequirementsSequence Listing Format
StatutoryRequiredAlways
[mpep-2422-02-9c85d63bfa76319ba6bdf006]
Sequence Must Be Listed If Presented In Drawing
Note:
If a sequence is shown in a drawing, it must be included in the Sequence Listing with a 'SEQ ID NO:X' identifier.

Pursuant to 37 CFR 1.83(a), sequences that are included in sequence listings should not be duplicated in the drawings. However many significant sequence characteristics may only be demonstrated by a figure. This is especially true in view of the fact that the representation of double stranded nucleotides is not permitted in the “Sequence Listing” and many significant nucleotide features, such as “sticky ends” and the like, may only be shown effectively by reference to a drawing figure. Further, the similarity or homology between/among sequences may only be depicted in an effective manner in a drawing figure. Similarly, drawing figures are recommended for use with amino acid sequences to depict structural features of the corresponding protein, such as epitopes and interaction domains. The situations discussed herein are given by way of example only and there may be many other reasons for including a sequence in a drawing. However, when a sequence is presented in a drawing, the sequence must still be included in the “Sequence Listing” if the sequence falls within the definition set forth in 37 CFR 1.821(a), and a sequence identifier (“SEQ ID NO:X” or the like) must be used, either in the drawing itself or in the Brief Description of the Drawings.

Jump to MPEP Source · 37 CFR 1.83(a)Sequence Listing ContentSequence Listing FormatSequence Listing Requirements
Topic

Sequence Listing Format

1 rules
StatutoryInformativeAlways
[mpep-2422-02-6fc088f9d9025f422e055a3f]
Requirement for Consistent Sequence Data Presentation
Note:
This rule requires that all nucleic acid and amino acid sequences in an application conform to a single format to avoid confusion.

For all applications that disclose nucleic acid and/or amino acid sequences that fall within the definition set forth in 37 CFR 1.821(a), 37 CFR 1.821(b) requires exclusive conformance to the requirements of 37 CFR 1.821 through 37 CFR 1.825 with regard to the manner in which the disclosed nucleotide and/or amino acid sequences are presented and described. This requirement is necessary to minimize any confusion that could result if more than one format for representing sequence data was employed in a given application.

Jump to MPEP Source · 37 CFR 1.821(a)Sequence Listing FormatSequence Listing RequirementsSequence Listing Content

Citations

Primary topicCitation
Sequence Listing Content
Sequence Listing Format
37 CFR § 1.821
Sequence Listing Content
Sequence Listing Format
37 CFR § 1.821(a)
Sequence Listing Content
Sequence Listing Format
37 CFR § 1.821(b)
Sequence Listing Content
Sequence Listing Format
37 CFR § 1.825
Sequence Listing Content37 CFR § 1.83(a)
Sequence Listing Content37 CFR § 1.831(b)
Sequence Listing ContentMPEP § 2412

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