MPEP § 2422.08 — Presumptions Regarding Compliance (Annotated Rules)
§2422.08 Presumptions Regarding Compliance
This page consolidates and annotates all enforceable requirements under MPEP § 2422.08, 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.
Presumptions Regarding Compliance
This section addresses Presumptions Regarding Compliance. Primary authority: 35 U.S.C. 112, 37 CFR 1.821, and 37 CFR 1.825. Contains: 1 requirement and 1 other statement.
Key Rules
Sequence Listing Format
Neither the presence nor absence of information which is not required under the sequence rules will create a presumption that such information is necessary to satisfy any of the requirements of 35 U.S.C. 112. Further, the grant of a patent on an application that is subject to 37 CFR 1.821 through 37 CFR 1.825 constitutes a presumption that the granted patent complies with the requirements of these rules.
Neither the presence nor absence of information which is not required under the sequence rules will create a presumption that such information is necessary to satisfy any of the requirements of 35 U.S.C. 112. Further, the grant of a patent on an application that is subject to 37 CFR 1.821 through 37 CFR 1.825 constitutes a presumption that the granted patent complies with the requirements of these rules.
Sequence Listing Content
[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.]
Citations
| Primary topic | Citation |
|---|---|
| Sequence Listing Format | 35 U.S.C. § 112 |
| Sequence Listing Format | 37 CFR § 1.821 |
| Sequence Listing Format | 37 CFR § 1.825 |
| Sequence Listing Content | 37 CFR § 1.831(b) |
| Sequence Listing Content | MPEP § 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.
Official MPEP § 2422.08 — Presumptions Regarding Compliance
Source: USPTO2422.08 Presumptions Regarding Compliance [R-07.2022]
[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.]
Neither the presence nor absence of information which is not required under the sequence rules will create a presumption that such information is necessary to satisfy any of the requirements of 35 U.S.C. 112. Further, the grant of a patent on an application that is subject to 37 CFR 1.821 through 37 CFR 1.825 constitutes a presumption that the granted patent complies with the requirements of these rules.