MPEP § 608.05(a) — Submission of a “Computer Program Listing Appendix” (Annotated Rules)

§608.05(a) Submission of a “Computer Program Listing Appendix”

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

This page consolidates and annotates all enforceable requirements under MPEP § 608.05(a), 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.

Submission of a “Computer Program Listing Appendix”

This section addresses Submission of a “Computer Program Listing Appendix”. Primary authority: 37 CFR 1.96, 37 CFR 1.52(e), and 37 CFR 1.77(b)(5). Contains: 14 requirements, 4 prohibitions, 1 guidance statement, 6 permissions, and 5 other statements.

Key Rules

Topic

Required Specification Content

13 rules
StatutoryProhibitedAlways
[mpep-608-05-a-522c5d3723211fca2a5211e8]
Computer Program Listing Must Not Use Undefined Control Characters
Note:
The data in a computer program listing must not rely on control characters or codes outside the ASCII character set.

(c) As an appendix that will not be printed: Any computer program listing may, and any computer program listing having over 300 lines (up to 72 characters per line) must, be submitted as an electronic document in ASCII plain text, whether submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with § 1.52(e). An electronic document containing such a computer program listing is to be referred to as a “Computer Program Listing Appendix.” The “Computer Program Listing Appendix” will not be part of the printed patent. The specification must include an incorporation by reference of the “Computer Program Listing Appendix,” in accordance with § 1.77(b)(5).
(1) A “Computer Program Listing Appendix” must conform to the following requirements:

(iv) Control codes: The data must not be dependent on control characters or codes that are not defined in the ASCII character set.

Jump to MPEP Source · 37 CFR 1.52(e)Required Specification ContentSpecificationPatent Application Content
StatutoryRequiredAlways
[mpep-608-05-a-4df48f6335f68bd0f9c12a48]
Computer Program Listing File Must Be Named *.txt
Note:
Each file containing a computer program listing must be named with the .txt extension and cannot exceed 60 characters, excluding the extension.

(c) As an appendix that will not be printed: Any computer program listing may, and any computer program listing having over 300 lines (up to 72 characters per line) must, be submitted as an electronic document in ASCII plain text, whether submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with § 1.52(e). An electronic document containing such a computer program listing is to be referred to as a “Computer Program Listing Appendix.” The “Computer Program Listing Appendix” will not be part of the printed patent. The specification must include an incorporation by reference of the “Computer Program Listing Appendix,” in accordance with § 1.77(b)(5).

(2) Each file must be named as *.txt, where “*” is one character or a combination of characters limited to upper- or lowercase letters, numbers, hyphens, and underscores and does not exceed 60 characters in total, excluding the extension.

Jump to MPEP Source · 37 CFR 1.52(e)Required Specification ContentSpecificationPatent Application Content
StatutoryPermittedAlways
[mpep-608-05-a-8327b5939ec308c2774caeff]
Computer Program Listing File Must Be Named Properly
Note:
The computer program listing file must be named using only letters, numbers, hyphens, and underscores, with a maximum of 60 characters excluding the .txt extension.

(c) As an appendix that will not be printed: Any computer program listing may, and any computer program listing having over 300 lines (up to 72 characters per line) must, be submitted as an electronic document in ASCII plain text, whether submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with § 1.52(e). An electronic document containing such a computer program listing is to be referred to as a “Computer Program Listing Appendix.” The “Computer Program Listing Appendix” will not be part of the printed patent. The specification must include an incorporation by reference of the “Computer Program Listing Appendix,” in accordance with § 1.77(b)(5).

No spaces or other types of characters are permitted in the file name.

Jump to MPEP Source · 37 CFR 1.52(e)Required Specification ContentSpecificationPatent Application Content
StatutoryPermittedAlways
[mpep-608-05-a-a363bd5a8bd39aa3e6acf1fa]
Computer Program Listing Appendix Must Be Split If Large
Note:
A compressed ASCII plain text file for a computer program listing that exceeds the size of a single read-only optical disc must be split into multiple parts and labeled accordingly.

(c) As an appendix that will not be printed: Any computer program listing may, and any computer program listing having over 300 lines (up to 72 characters per line) must, be submitted as an electronic document in ASCII plain text, whether submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with § 1.52(e). An electronic document containing such a computer program listing is to be referred to as a “Computer Program Listing Appendix.” The “Computer Program Listing Appendix” will not be part of the printed patent. The specification must include an incorporation by reference of the “Computer Program Listing Appendix,” in accordance with § 1.77(b)(5).
(4) A "Computer Program Listing Appendix" submitted in compliance with § 1.52(e) must conform to the following requirements:

(vi) A compressed ASCII plain text file that does not fit on a single read-only optical disc may be split into multiple file parts, in accordance with the target read-only optical disc size and labeled in compliance with § 1.52(e)(5)(vi).

Jump to MPEP Source · 37 CFR 1.52(e)Required Specification ContentSpecificationPatent Application Content
StatutoryInformativeAlways
[mpep-608-05-a-cdff977509b11d70ec524f75]
Statement for Replacement ASCII Plain Text File
Note:
A statement must be included with any amendments to a Computer Program Listing Appendix in ASCII plain text format, confirming that the replacement file contains no new matter.

(c) As an appendix that will not be printed: Any computer program listing may, and any computer program listing having over 300 lines (up to 72 characters per line) must, be submitted as an electronic document in ASCII plain text, whether submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with § 1.52(e). An electronic document containing such a computer program listing is to be referred to as a “Computer Program Listing Appendix.” The “Computer Program Listing Appendix” will not be part of the printed patent. The specification must include an incorporation by reference of the “Computer Program Listing Appendix,” in accordance with § 1.77(b)(5).
(5) Any amendments to a "Computer Program Listing Appendix" in electronic form in ASCII plain text format must include:

(iv) A statement that the replacement ASCII plain text file contains no new matter.

Jump to MPEP Source · 37 CFR 1.52(e)Required Specification ContentSpecificationSequence Listing Format
StatutoryRequiredAlways
[mpep-608-05-a-65d6892a6c1a8a9f96dcf383]
Duplicate Read-Only Optical Discs Required for Computer Program Listing Appendix
Note:
Any read-only optical disc containing a 'Computer Program Listing Appendix' must be submitted in duplicate and labeled accordingly.

(c) As an appendix that will not be printed: Any computer program listing may, and any computer program listing having over 300 lines (up to 72 characters per line) must, be submitted as an electronic document in ASCII plain text, whether submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with § 1.52(e). An electronic document containing such a computer program listing is to be referred to as a “Computer Program Listing Appendix.” The “Computer Program Listing Appendix” will not be part of the printed patent. The specification must include an incorporation by reference of the “Computer Program Listing Appendix,” in accordance with § 1.77(b)(5).

(7) Any read-only optical disc for a “Computer Program Listing Appendix” must be submitted in duplicate.

Jump to MPEP Source · 37 CFR 1.52(e)Required Specification ContentSpecificationPatent Application Content
StatutoryRequiredAlways
[mpep-608-05-a-037fc470a4db12e15e2e1bee]
Read-Only Optical Discs Must Be Labeled Copy 1 and Copy 2
Note:
Any read-only optical disc for a 'Computer Program Listing Appendix' must be labeled as 'Copy 1' or 'Copy 2'.

(c) As an appendix that will not be printed: Any computer program listing may, and any computer program listing having over 300 lines (up to 72 characters per line) must, be submitted as an electronic document in ASCII plain text, whether submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with § 1.52(e). An electronic document containing such a computer program listing is to be referred to as a “Computer Program Listing Appendix.” The “Computer Program Listing Appendix” will not be part of the printed patent. The specification must include an incorporation by reference of the “Computer Program Listing Appendix,” in accordance with § 1.77(b)(5).

The read-only optical disc and duplicate copy must be labeled “Copy 1” and “Copy 2,” respectively.

Jump to MPEP Source · 37 CFR 1.52(e)Required Specification ContentSpecificationPatent Application Content
StatutoryRequiredAlways
[mpep-608-05-a-3f5060c1b68be5df8af0adce]
Transmittal Letter Must Confirm Identical Discs
Note:
The transmittal letter that accompanies the read-only optical discs must state that both discs are identical.

(c) As an appendix that will not be printed: Any computer program listing may, and any computer program listing having over 300 lines (up to 72 characters per line) must, be submitted as an electronic document in ASCII plain text, whether submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with § 1.52(e). An electronic document containing such a computer program listing is to be referred to as a “Computer Program Listing Appendix.” The “Computer Program Listing Appendix” will not be part of the printed patent. The specification must include an incorporation by reference of the “Computer Program Listing Appendix,” in accordance with § 1.77(b)(5).

The transmittal letter that accompanies the read-only optical discs must include a statement that the two read-only optical discs are identical.

Jump to MPEP Source · 37 CFR 1.52(e)Required Specification ContentSpecificationPatent Application Content
StatutoryInformativeAlways
[mpep-608-05-a-961026433e52b7122dd3cd29]
Duplicate Optical Discs Required for Computer Program Listings
Note:
Two identical read-only optical discs must be submitted, labeled 'Copy 1' and 'Copy 2', for any computer program listing appendix.

(c) As an appendix that will not be printed: Any computer program listing may, and any computer program listing having over 300 lines (up to 72 characters per line) must, be submitted as an electronic document in ASCII plain text, whether submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with § 1.52(e). An electronic document containing such a computer program listing is to be referred to as a “Computer Program Listing Appendix.” The “Computer Program Listing Appendix” will not be part of the printed patent. The specification must include an incorporation by reference of the “Computer Program Listing Appendix,” in accordance with § 1.77(b)(5).

In the event that the two read-only optical discs are not identical, the Office will use the read-only optical disc labeled “Copy 1” for further processing.

Jump to MPEP Source · 37 CFR 1.52(e)Required Specification ContentSpecificationPatent Application Content
StatutoryRequiredAlways
[mpep-608-05-a-2b58b1c4b2cf4c740ba08d95]
Requirement for Replacement Read-Only Optical Discs
Note:
Any amendment to information on a read-only optical disc must be by way of a replacement disc, in compliance with §1.96(c)(5).

(c) As an appendix that will not be printed: Any computer program listing may, and any computer program listing having over 300 lines (up to 72 characters per line) must, be submitted as an electronic document in ASCII plain text, whether submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with § 1.52(e). An electronic document containing such a computer program listing is to be referred to as a “Computer Program Listing Appendix.” The “Computer Program Listing Appendix” will not be part of the printed patent. The specification must include an incorporation by reference of the “Computer Program Listing Appendix,” in accordance with § 1.77(b)(5).

Any amendment to the information on a read-only optical disc must be by way of a replacement read-only optical disc, in compliance with § 1.96(c)(5).

Jump to MPEP Source · 37 CFR 1.52(e)Required Specification ContentSpecificationPatent Application Content
StatutoryInformativeAlways
[mpep-608-05-a-7d45ea8a21eb0973959cceeb]
Specification Must Include Computer Program Listing
Note:
The specification must include a document listing the instructions, routines, and other contents of a computer program in either machine or object programming language.

A “computer program listing”, as used in these rules, means the document that lists, in proper order, the instructions, routines, and other contents of a program for a computer. The listing may be either in machine or machine-independent (object or source) programming language which will cause a computer to perform a desired procedure or task, such as solving a problem, regulating the flow of work in a computer, or controlling or monitoring events. The general description of the computer program listing will appear in the specification while the computer program listing may appear either directly in the specification or as a “Computer Program Listing Appendix” to the specification, submitted in an ASCII text file via the USPTO patent electronic filing system or on a read-only optical disc. The specification must include an incorporation by reference statement of the “Computer Program Listing Appendix” in accordance with 37 CFR 1.96(c)(6) according to the arrangement of application elements as outlined in 37 CFR 1.77(b)(5).

Jump to MPEP Source · 37 CFR 1.96(c)(6)Required Specification ContentSpecificationPatent Application Content
StatutoryPermittedAlways
[mpep-608-05-a-caa8370ae609a3de55801e61]
Specification Must Include Computer Program Listings
Note:
The specification must include a document listing instructions and routines for computer programs, either in machine or source code.

A “computer program listing”, as used in these rules, means the document that lists, in proper order, the instructions, routines, and other contents of a program for a computer. The listing may be either in machine or machine-independent (object or source) programming language which will cause a computer to perform a desired procedure or task, such as solving a problem, regulating the flow of work in a computer, or controlling or monitoring events. The general description of the computer program listing will appear in the specification while the computer program listing may appear either directly in the specification or as a “Computer Program Listing Appendix” to the specification, submitted in an ASCII text file via the USPTO patent electronic filing system or on a read-only optical disc. The specification must include an incorporation by reference statement of the “Computer Program Listing Appendix” in accordance with 37 CFR 1.96(c)(6) according to the arrangement of application elements as outlined in 37 CFR 1.77(b)(5).

Jump to MPEP Source · 37 CFR 1.96(c)(6)Required Specification ContentSpecificationPatent Application Content
StatutoryRequiredAlways
[mpep-608-05-a-4a9d20d86b581485d0ceae48]
Specification Must Include Computer Program Listing Appendix Reference
Note:
The specification must include an incorporation by reference statement for the 'Computer Program Listing Appendix' in accordance with 37 CFR 1.96(c)(6) as outlined in 37 CFR 1.77(b)(5).

A “computer program listing”, as used in these rules, means the document that lists, in proper order, the instructions, routines, and other contents of a program for a computer. The listing may be either in machine or machine-independent (object or source) programming language which will cause a computer to perform a desired procedure or task, such as solving a problem, regulating the flow of work in a computer, or controlling or monitoring events. The general description of the computer program listing will appear in the specification while the computer program listing may appear either directly in the specification or as a “Computer Program Listing Appendix” to the specification, submitted in an ASCII text file via the USPTO patent electronic filing system or on a read-only optical disc. The specification must include an incorporation by reference statement of the “Computer Program Listing Appendix” in accordance with 37 CFR 1.96(c)(6) according to the arrangement of application elements as outlined in 37 CFR 1.77(b)(5).

Jump to MPEP Source · 37 CFR 1.96(c)(6)Required Specification ContentSpecificationPatent Application Content
Topic

Sequence Listing Requirements

10 rules
StatutoryPermittedAlways
[mpep-608-05-a-0efc46ec9be25b9bf72521b2]
Program Listing May Be In Machine Or Machine-Independent Language
Note:
A computer program listing can be submitted in either machine language or object/source code that causes a computer to perform tasks such as problem-solving, regulating work flow, or controlling events.

(a) General. Descriptions of the operation and general content of computer program listings should appear in the description portion of the specification. A computer program listing for the purpose of this section is defined as a document that lists, in appropriate sequence, the instructions, routines, and other contents of a program for a computer. The program listing may be either in machine or machine-independent (object or source) language that will cause a computer to perform a desired procedure or task such as solving a problem, regulating the flow of work in a computer, or controlling or monitoring events. Computer program listings may be submitted in patent applications, as set forth in paragraphs (b) and (c) of this section.

Jump to MPEP Source · 37 CFR 1.96Sequence Listing RequirementsSequence Listing FormatPatent Application Content
StatutoryInformativeAlways
[mpep-608-05-a-488e86ec5e4b486d9551a558]
Requirement for Computer Program Listing as ASCII Text in Patent Applications
Note:
This rule requires that computer program listings submitted as part of U.S. national patent applications be presented in the form of ASCII plain text files, with submission via electronic filing systems being preferred.

Special procedures for presentation of computer program listings as a “Computer Program Listing Appendix in the form of ASCII plain text files in U.S. national patent applications are set forth in 37 CFR 1.96. Submission via the USPTO patent electronic filing system or the use of read-only optical disc files is desirable in view of the number of computer program listings being submitted as part of the disclosure in patent applications. Such listings are often several hundred pages in length. By filing and publishing such computer program listings in electronic form rather than on physical sheets of paper, substantial cost savings can result to the applicants, the public, and the U.S. Patent and Trademark Office.

Jump to MPEP Source · 37 CFR 1.96Sequence Listing Requirements
StatutoryInformativeAlways
[mpep-608-05-a-b1ee03e49b4bc12aabfbd4a2]
Desirable to Submit via Electronic Filing System
Note:
Patent applicants should submit computer program listings electronically using the USPTO patent electronic filing system due to their length and cost savings.

Special procedures for presentation of computer program listings as a “Computer Program Listing Appendix in the form of ASCII plain text files in U.S. national patent applications are set forth in 37 CFR 1.96. Submission via the USPTO patent electronic filing system or the use of read-only optical disc files is desirable in view of the number of computer program listings being submitted as part of the disclosure in patent applications. Such listings are often several hundred pages in length. By filing and publishing such computer program listings in electronic form rather than on physical sheets of paper, substantial cost savings can result to the applicants, the public, and the U.S. Patent and Trademark Office.

Jump to MPEP Source · 37 CFR 1.96Sequence Listing Requirements
StatutoryPermittedAlways
[mpep-608-05-a-38158b7baf3e30ef28518510]
Cost Savings Through Electronic Submission of Computer Programs
Note:
Submissions of computer program listings in electronic form can result in significant cost savings for applicants, the public, and the U.S. Patent and Trademark Office.

Special procedures for presentation of computer program listings as a “Computer Program Listing Appendix in the form of ASCII plain text files in U.S. national patent applications are set forth in 37 CFR 1.96. Submission via the USPTO patent electronic filing system or the use of read-only optical disc files is desirable in view of the number of computer program listings being submitted as part of the disclosure in patent applications. Such listings are often several hundred pages in length. By filing and publishing such computer program listings in electronic form rather than on physical sheets of paper, substantial cost savings can result to the applicants, the public, and the U.S. Patent and Trademark Office.

Jump to MPEP Source · 37 CFR 1.96Sequence Listing Requirements
StatutoryInformativeAlways
[mpep-608-05-a-22fc90a4c01828a68b03bd10]
Publicly Available Computer Program Listings via Patent Center
Note:
Copies of publicly available computer program listings, including any 'Computer Program Listing Appendix', are available through the Patent Center at no cost.

Copies of publicly available computer program listings (including any “Computer Program Listing Appendix”) are available via Patent Center. The U.S. Patent and Trademark Office also provides publicly available computer program listings (including any “Computer Program Listing Appendix”) at the cost set forth in 37 CFR 1.19.

Jump to MPEP Source · 37 CFR 1.19Sequence Listing Requirements
StatutoryInformativeAlways
[mpep-608-05-a-9907891a65439a6402640420]
Publicly Available Computer Program Listings Cost
Note:
The U.S. Patent and Trademark Office provides publicly available computer program listings at a cost specified in 37 CFR 1.19.

Copies of publicly available computer program listings (including any “Computer Program Listing Appendix”) are available via Patent Center. The U.S. Patent and Trademark Office also provides publicly available computer program listings (including any “Computer Program Listing Appendix”) at the cost set forth in 37 CFR 1.19.

Jump to MPEP Source · 37 CFR 1.19Sequence Listing Requirements
StatutoryInformativeAlways
[mpep-608-05-a-eb058fb6b63a19966bc89f68]
Requirements for Computer Program Listing Appendix
Note:
A Computer Program Listing Appendix must be compatible with specific operating systems, use ASCII line terminators, and have a .txt file extension.

37 CFR 1.96(c) lists several requirements of a “Computer Program Listing Appendix”. Specifically, a “Computer Program Listing Appendix” must be compatible with PC or Mac ® computers and with MS-DOS ®, MS-Windows ®, Mac OS ®, or Unix ® /Linux ® operating systems. Also, a “Computer Program Listing Appendix” may only have ASCII CRLF or LF line terminators, and the data must not be dependent on control characters or codes that are not defined in the ASCII character set. See 37 CFR 1.96(c)(1)). Also, a “Computer Program Listing Appendix” must have a file name with a “.txt” extension. See 37 CFR 1.96(c)(2) (provides the requirements for the file name).

Jump to MPEP Source · 37 CFR 1.96(c)Sequence Listing Requirements
StatutoryProhibitedAlways
[mpep-608-05-a-3201b4bed8b1d39ccc1d1e8c]
Requirements for Computer Program Listing Appendix
Note:
A 'Computer Program Listing Appendix' must be compatible with various operating systems, use ASCII line terminators, and have a '.txt' file extension.

37 CFR 1.96(c) lists several requirements of a “Computer Program Listing Appendix”. Specifically, a “Computer Program Listing Appendix” must be compatible with PC or Mac ® computers and with MS-DOS ®, MS-Windows ®, Mac OS ®, or Unix ® /Linux ® operating systems. Also, a “Computer Program Listing Appendix” may only have ASCII CRLF or LF line terminators, and the data must not be dependent on control characters or codes that are not defined in the ASCII character set. See 37 CFR 1.96(c)(1)). Also, a “Computer Program Listing Appendix” must have a file name with a “.txt” extension. See 37 CFR 1.96(c)(2) (provides the requirements for the file name).

Jump to MPEP Source · 37 CFR 1.96(c)Sequence Listing Requirements
StatutoryPermittedAlways
[mpep-608-05-a-6716542487a54810d8322b98]
25 MB Limit for Computer Program Listings
Note:
The USPTO requires that 'Computer Program Listing Appendix' files submitted via the electronic filing system be no larger than 25 MB and not compressed.

There is a 25 MB size limit for “Computer Program Listing Appendix” files submitted via the USPTO patent electronic filing system with file compression not being permitted. See 37 CFR 1.96(c)(3). It is noted that it may be possible to break up a “Computer Program Listing Appendix” file that is larger than 25 MB into multiple files that are 25 MB or less in size and submit those smaller files via the USPTO patent electronic filing system, as per the Legal Framework for Patent Electronic System (www.uspto.gov). See also MPEP § 608.05(I)(C).

Jump to MPEP Source · 37 CFR 1.96(c)(3)Sequence Listing Requirements
StatutoryProhibitedAlways
[mpep-608-05-a-a3b1f1f59ea2f7d45f52c9f2]
Compression Requirement for Computer Program Listings
Note:
A computer program listing must be compressed using WinZip, 7-Zip, or Unix/Linux Zip but cannot be self-extracting. Nested file structures require compression.

A “Computer Program Listing Appendix” submitted on a read-only optical disc in compliance with 37 CFR 1.52(e) must be submitted as a separate read-only optical disc for each applicable application, and multiple computer program listings for a single application may be placed on a single read-only optical disc. Multiple read-only optical discs, containing one or more computer program listings, may be submitted for a single application. Any computer program listing may be compressed using WinZip ®, 7-Zip, or Unix ® /Linux ® Zip, and the compressed file must not be self-extracting. However, a computer program listing which has a nested file structure is required to be compressed. If after compression, a compressed ASCII plain text file still does not fit on a single read-only optical disc, the compressed file may be split into multiple file parts in accordance with the target read-only optical disc size and labeled in compliance with 37 CFR 1.52(e)(5)(vi). See 37 CFR 1.96(c)(4).

Jump to MPEP Source · 37 CFR 1.52(e)Sequence Listing RequirementsPaper and Format RequirementsGeneral Filing and Format Requirements
Topic

Paper and Format Requirements

9 rules
StatutoryRequiredAlways
[mpep-608-05-a-b96a95387e3597028fab14fb]
Separate Discs for Each Application
Note:
A 'Computer Program Listing Appendix' must be submitted on a separate read-only optical disc for each applicable application.

A “Computer Program Listing Appendix” submitted on a read-only optical disc in compliance with 37 CFR 1.52(e) must be submitted as a separate read-only optical disc for each applicable application, and multiple computer program listings for a single application may be placed on a single read-only optical disc. Multiple read-only optical discs, containing one or more computer program listings, may be submitted for a single application. Any computer program listing may be compressed using WinZip ®, 7-Zip, or Unix ® /Linux ® Zip, and the compressed file must not be self-extracting. However, a computer program listing which has a nested file structure is required to be compressed. If after compression, a compressed ASCII plain text file still does not fit on a single read-only optical disc, the compressed file may be split into multiple file parts in accordance with the target read-only optical disc size and labeled in compliance with 37 CFR 1.52(e)(5)(vi). See 37 CFR 1.96(c)(4).

Jump to MPEP Source · 37 CFR 1.52(e)Paper and Format RequirementsGeneral Filing and Format RequirementsSequence Listing Requirements
StatutoryPermittedAlways
[mpep-608-05-a-d62246019006dd70206492be]
Multiple Read-Only Optical Discs for Single Application
Note:
Allows submitting multiple read-only optical discs containing one or more computer program listings for a single application.

A “Computer Program Listing Appendix” submitted on a read-only optical disc in compliance with 37 CFR 1.52(e) must be submitted as a separate read-only optical disc for each applicable application, and multiple computer program listings for a single application may be placed on a single read-only optical disc. Multiple read-only optical discs, containing one or more computer program listings, may be submitted for a single application. Any computer program listing may be compressed using WinZip ®, 7-Zip, or Unix ® /Linux ® Zip, and the compressed file must not be self-extracting. However, a computer program listing which has a nested file structure is required to be compressed. If after compression, a compressed ASCII plain text file still does not fit on a single read-only optical disc, the compressed file may be split into multiple file parts in accordance with the target read-only optical disc size and labeled in compliance with 37 CFR 1.52(e)(5)(vi). See 37 CFR 1.96(c)(4).

Jump to MPEP Source · 37 CFR 1.52(e)Paper and Format RequirementsGeneral Filing and Format RequirementsSequence Listing Requirements
StatutoryPermittedAlways
[mpep-608-05-a-94b7e5677384b4dce7ab8d3a]
Compressed File May Be Split for Disc Submission
Note:
If a compressed ASCII plain text file exceeds the size of a single read-only optical disc, it can be split into multiple parts and labeled accordingly.

A “Computer Program Listing Appendix” submitted on a read-only optical disc in compliance with 37 CFR 1.52(e) must be submitted as a separate read-only optical disc for each applicable application, and multiple computer program listings for a single application may be placed on a single read-only optical disc. Multiple read-only optical discs, containing one or more computer program listings, may be submitted for a single application. Any computer program listing may be compressed using WinZip ®, 7-Zip, or Unix ® /Linux ® Zip, and the compressed file must not be self-extracting. However, a computer program listing which has a nested file structure is required to be compressed. If after compression, a compressed ASCII plain text file still does not fit on a single read-only optical disc, the compressed file may be split into multiple file parts in accordance with the target read-only optical disc size and labeled in compliance with 37 CFR 1.52(e)(5)(vi). See 37 CFR 1.96(c)(4).

Jump to MPEP Source · 37 CFR 1.52(e)Paper and Format RequirementsGeneral Filing and Format RequirementsSequence Listing Requirements
StatutoryRequiredAlways
[mpep-608-05-a-67deef2f5f1005d296ee1518]
Amendment of Computer Program Listing Appendix Must Be Filed
Note:
A replacement ASCII plain text file must be submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with specific formatting and labeling requirements.

In order to amend a “Computer Program Listing Appendix”, a replacement ASCII plain text file, in accordance with 37 CFR 1.96(c), must be submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with 37 CFR 1.52(e). Any replacement ASCII plain text file submitted on read-only optical discs must be submitted in duplicate and must be labeled as “COPY 1 REPLACEMENT MM/DD/YYYY” (with the month, day, and year of creation indicated) and “COPY 2 REPLACEMENT MM/DD/YYYY”. When the information is filed on a read-only optical disc initially, amendments cannot be made to the information using the USPTO patent electronic filing system, but instead must be made using a replacement read-only optical disc. See 37 CFR 1.52(e)(7). Also, a request must be made that the material in the replacement ASCII plain text file be incorporated by reference in a separate paragraph of the specification (replacing any prior such paragraph, as applicable) identifying the name of the file, the date of creation, and the size of the file in bytes. See 37 CFR 1.77(b)(5). A statement must be provided that identifies the location of all deletions, replacements, or additions to the ASCII plain text file so that the changes made to the information contained in the submission can be more easily and accurately identified. Another statement that the replacement ASCII plain text file contains no new matter must also be provided. See 37 CFR 1.96(c)(5). The Office may also require that a replacement ASCII plain text file be submitted if, for example, the information on a read-only optical disc is corrupted.

Jump to MPEP Source · 37 CFR 1.96(c)Paper and Format RequirementsGeneral Filing and Format RequirementsSequence Listing Requirements
StatutoryRequiredAlways
[mpep-608-05-a-0612317ae57b28bb6c2082f6]
Requirement for Replacement ASCII Plain Text Files on Read-Only Optical Discs
Note:
Any replacement ASCII plain text file submitted on read-only optical discs must be in duplicate and labeled with the creation date.

In order to amend a “Computer Program Listing Appendix”, a replacement ASCII plain text file, in accordance with 37 CFR 1.96(c), must be submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with 37 CFR 1.52(e). Any replacement ASCII plain text file submitted on read-only optical discs must be submitted in duplicate and must be labeled as “COPY 1 REPLACEMENT MM/DD/YYYY” (with the month, day, and year of creation indicated) and “COPY 2 REPLACEMENT MM/DD/YYYY”. When the information is filed on a read-only optical disc initially, amendments cannot be made to the information using the USPTO patent electronic filing system, but instead must be made using a replacement read-only optical disc. See 37 CFR 1.52(e)(7). Also, a request must be made that the material in the replacement ASCII plain text file be incorporated by reference in a separate paragraph of the specification (replacing any prior such paragraph, as applicable) identifying the name of the file, the date of creation, and the size of the file in bytes. See 37 CFR 1.77(b)(5). A statement must be provided that identifies the location of all deletions, replacements, or additions to the ASCII plain text file so that the changes made to the information contained in the submission can be more easily and accurately identified. Another statement that the replacement ASCII plain text file contains no new matter must also be provided. See 37 CFR 1.96(c)(5). The Office may also require that a replacement ASCII plain text file be submitted if, for example, the information on a read-only optical disc is corrupted.

Jump to MPEP Source · 37 CFR 1.96(c)Paper and Format RequirementsGeneral Filing and Format RequirementsPatent Application Content
StatutoryProhibitedAlways
[mpep-608-05-a-fab6bb365d983ae3b4eeffae]
Specification Must Incorporate Amendments by Reference
Note:
When amendments are made to a computer program listing initially filed on a read-only optical disc, the changes must be incorporated by reference in a separate paragraph of the specification using an ASCII plain text file.

In order to amend a “Computer Program Listing Appendix”, a replacement ASCII plain text file, in accordance with 37 CFR 1.96(c), must be submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with 37 CFR 1.52(e). Any replacement ASCII plain text file submitted on read-only optical discs must be submitted in duplicate and must be labeled as “COPY 1 REPLACEMENT MM/DD/YYYY” (with the month, day, and year of creation indicated) and “COPY 2 REPLACEMENT MM/DD/YYYY”. When the information is filed on a read-only optical disc initially, amendments cannot be made to the information using the USPTO patent electronic filing system, but instead must be made using a replacement read-only optical disc. See 37 CFR 1.52(e)(7). Also, a request must be made that the material in the replacement ASCII plain text file be incorporated by reference in a separate paragraph of the specification (replacing any prior such paragraph, as applicable) identifying the name of the file, the date of creation, and the size of the file in bytes. See 37 CFR 1.77(b)(5). A statement must be provided that identifies the location of all deletions, replacements, or additions to the ASCII plain text file so that the changes made to the information contained in the submission can be more easily and accurately identified. Another statement that the replacement ASCII plain text file contains no new matter must also be provided. See 37 CFR 1.96(c)(5). The Office may also require that a replacement ASCII plain text file be submitted if, for example, the information on a read-only optical disc is corrupted.

Jump to MPEP Source · 37 CFR 1.96(c)Paper and Format RequirementsGeneral Filing and Format RequirementsPatent Application Content
StatutoryRequiredAlways
[mpep-608-05-a-4a85ab156a23a97435377fe1]
Identification of Deletions, Replacements, and Additions Required
Note:
A statement must be provided to identify the location of all changes made to an ASCII plain text file in a Computer Program Listing Appendix.

In order to amend a “Computer Program Listing Appendix”, a replacement ASCII plain text file, in accordance with 37 CFR 1.96(c), must be submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with 37 CFR 1.52(e). Any replacement ASCII plain text file submitted on read-only optical discs must be submitted in duplicate and must be labeled as “COPY 1 REPLACEMENT MM/DD/YYYY” (with the month, day, and year of creation indicated) and “COPY 2 REPLACEMENT MM/DD/YYYY”. When the information is filed on a read-only optical disc initially, amendments cannot be made to the information using the USPTO patent electronic filing system, but instead must be made using a replacement read-only optical disc. See 37 CFR 1.52(e)(7). Also, a request must be made that the material in the replacement ASCII plain text file be incorporated by reference in a separate paragraph of the specification (replacing any prior such paragraph, as applicable) identifying the name of the file, the date of creation, and the size of the file in bytes. See 37 CFR 1.77(b)(5). A statement must be provided that identifies the location of all deletions, replacements, or additions to the ASCII plain text file so that the changes made to the information contained in the submission can be more easily and accurately identified. Another statement that the replacement ASCII plain text file contains no new matter must also be provided. See 37 CFR 1.96(c)(5). The Office may also require that a replacement ASCII plain text file be submitted if, for example, the information on a read-only optical disc is corrupted.

Jump to MPEP Source · 37 CFR 1.96(c)Paper and Format RequirementsGeneral Filing and Format RequirementsPatent Application Content
StatutoryRequiredAlways
[mpep-608-05-a-977e172a1663e0f8b4cf1363]
Requirement for Replacement ASCII Plain Text File Contains No New Matter
Note:
A statement must be provided confirming that the replacement ASCII plain text file contains no new matter as required by 37 CFR 1.96(c)(5).

In order to amend a “Computer Program Listing Appendix”, a replacement ASCII plain text file, in accordance with 37 CFR 1.96(c), must be submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with 37 CFR 1.52(e). Any replacement ASCII plain text file submitted on read-only optical discs must be submitted in duplicate and must be labeled as “COPY 1 REPLACEMENT MM/DD/YYYY” (with the month, day, and year of creation indicated) and “COPY 2 REPLACEMENT MM/DD/YYYY”. When the information is filed on a read-only optical disc initially, amendments cannot be made to the information using the USPTO patent electronic filing system, but instead must be made using a replacement read-only optical disc. See 37 CFR 1.52(e)(7). Also, a request must be made that the material in the replacement ASCII plain text file be incorporated by reference in a separate paragraph of the specification (replacing any prior such paragraph, as applicable) identifying the name of the file, the date of creation, and the size of the file in bytes. See 37 CFR 1.77(b)(5). A statement must be provided that identifies the location of all deletions, replacements, or additions to the ASCII plain text file so that the changes made to the information contained in the submission can be more easily and accurately identified. Another statement that the replacement ASCII plain text file contains no new matter must also be provided. See 37 CFR 1.96(c)(5). The Office may also require that a replacement ASCII plain text file be submitted if, for example, the information on a read-only optical disc is corrupted.

Jump to MPEP Source · 37 CFR 1.96(c)Paper and Format RequirementsGeneral Filing and Format RequirementsPatent Application Content
StatutoryPermittedAlways
[mpep-608-05-a-9a8a237c48b443307763c1ee]
Requirement for Replacement ASCII Plain Text File
Note:
The Office may require a replacement ASCII plain text file if the information on a read-only optical disc is corrupted.

In order to amend a “Computer Program Listing Appendix”, a replacement ASCII plain text file, in accordance with 37 CFR 1.96(c), must be submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with 37 CFR 1.52(e). Any replacement ASCII plain text file submitted on read-only optical discs must be submitted in duplicate and must be labeled as “COPY 1 REPLACEMENT MM/DD/YYYY” (with the month, day, and year of creation indicated) and “COPY 2 REPLACEMENT MM/DD/YYYY”. When the information is filed on a read-only optical disc initially, amendments cannot be made to the information using the USPTO patent electronic filing system, but instead must be made using a replacement read-only optical disc. See 37 CFR 1.52(e)(7). Also, a request must be made that the material in the replacement ASCII plain text file be incorporated by reference in a separate paragraph of the specification (replacing any prior such paragraph, as applicable) identifying the name of the file, the date of creation, and the size of the file in bytes. See 37 CFR 1.77(b)(5). A statement must be provided that identifies the location of all deletions, replacements, or additions to the ASCII plain text file so that the changes made to the information contained in the submission can be more easily and accurately identified. Another statement that the replacement ASCII plain text file contains no new matter must also be provided. See 37 CFR 1.96(c)(5). The Office may also require that a replacement ASCII plain text file be submitted if, for example, the information on a read-only optical disc is corrupted.

Jump to MPEP Source · 37 CFR 1.96(c)Paper and Format RequirementsGeneral Filing and Format RequirementsPatent Application Content
Topic

Drawing Standards

7 rules
StatutoryInformativeAlways
[mpep-608-05-a-8e8b140a38e5d9fa34c07901]
Computer Program Listing as Drawing
Note:
If a computer program listing is 300 lines or fewer, it can be submitted as drawings, complying with drawing requirements.

(b) Material which will be printed in the patent: If the computer program listing is contained in 300 lines or fewer, with each line of 72 characters or fewer, it may be submitted either as drawings or as part of the specification. (1) Drawings. If the listing is submitted as drawings, it must be submitted in the manner and complying with the requirements for drawings as provided in § 1.84. At least one figure numeral is required on each sheet of drawing.

Jump to MPEP Source · 37 CFR 1.96Drawing StandardsFigure Requirements
StatutoryRequiredAlways
[mpep-608-05-a-358dadec7f485fd2939d445d]
Drawings Must Comply with §1.84 Requirements
Note:
If a computer program listing is submitted as drawings, it must adhere to the drawing requirements specified in §1.84.

(b) Material which will be printed in the patent: If the computer program listing is contained in 300 lines or fewer, with each line of 72 characters or fewer, it may be submitted either as drawings or as part of the specification. (1) Drawings. If the listing is submitted as drawings, it must be submitted in the manner and complying with the requirements for drawings as provided in § 1.84. At least one figure numeral is required on each sheet of drawing.

Jump to MPEP Source · 37 CFR 1.96Drawing StandardsFigure Requirements
StatutoryRecommendedAlways
[mpep-608-05-a-169666cc484ba3fb5045ecce]
Electronic Filing Preferred for Specifications and Drawings
Note:
The USPTO prefers electronic submission of specifications and drawings, but physical submissions must comply with specific standards and incur a fee.

The USPTO prefers that specifications and drawings are submitted electronically via the USPTO patent electronic filing system. However, any specification and/or drawings submitted on physical sheets of paper should conform to the applicable provisions of 37 CFR 1.52 and 37 CFR 1.84, and will be subject to a non-electronic filing fee. See 37 CFR 1.16(t). When lengthy computer program listings must be disclosed in a patent application in order to provide a complete disclosure, use of paper copies can become burdensome. The cost of printing long computer programs in patent documents is also very expensive to the U.S. Patent and Trademark Office. In accordance with 37 CFR 1.96, a computer program listing contained on three hundred printout lines or less may be submitted either as drawings (in compliance with 37 CFR 1.84), as part of the written specification (in compliance with 37 CFR 1.52), as an ASCII text file on a read-only optical disc (in compliance with 37 CFR 1.52(e)), or as an ASCII text file via the USPTO patent electronic filing system (in compliance with the Legal Framework for Patent Electronic System (see MPEP § 502.05)). A computer program listing contained on three hundred and one (301) printout lines or more must be submitted as an ASCII plain text file on a read-only optical disc (in compliance with 37 CFR 1.52(e)) or submitted via the USPTO patent electronic filing system. See 37 CFR 1.96(c). Regardless of the number of printout lines a computer program listing has, any computer program listing which is filed as an ASCII plain text file on a read-only optical disc or submitted via the USPTO patent electronic filing system is referred to as a “Computer Program Listing Appendix”, and the “Computer Program Listing Appendix” will not be printed in any patent application or part of the printed patent. See 37 CFR 1.96(c).

Jump to MPEP Source · 37 CFR 1.52Drawing StandardsFiling, Search & Examination Fees
StatutoryRequiredAlways
[mpep-608-05-a-ee5366a319525ff5793ab904]
Long Computer Programs Must Be Submitted Electronically
Note:
When lengthy computer program listings are required for patent disclosure, they must be submitted as ASCII text files via the USPTO electronic filing system or on a read-only optical disc.

The USPTO prefers that specifications and drawings are submitted electronically via the USPTO patent electronic filing system. However, any specification and/or drawings submitted on physical sheets of paper should conform to the applicable provisions of 37 CFR 1.52 and 37 CFR 1.84, and will be subject to a non-electronic filing fee. See 37 CFR 1.16(t). When lengthy computer program listings must be disclosed in a patent application in order to provide a complete disclosure, use of paper copies can become burdensome. The cost of printing long computer programs in patent documents is also very expensive to the U.S. Patent and Trademark Office. In accordance with 37 CFR 1.96, a computer program listing contained on three hundred printout lines or less may be submitted either as drawings (in compliance with 37 CFR 1.84), as part of the written specification (in compliance with 37 CFR 1.52), as an ASCII text file on a read-only optical disc (in compliance with 37 CFR 1.52(e)), or as an ASCII text file via the USPTO patent electronic filing system (in compliance with the Legal Framework for Patent Electronic System (see MPEP § 502.05)). A computer program listing contained on three hundred and one (301) printout lines or more must be submitted as an ASCII plain text file on a read-only optical disc (in compliance with 37 CFR 1.52(e)) or submitted via the USPTO patent electronic filing system. See 37 CFR 1.96(c). Regardless of the number of printout lines a computer program listing has, any computer program listing which is filed as an ASCII plain text file on a read-only optical disc or submitted via the USPTO patent electronic filing system is referred to as a “Computer Program Listing Appendix”, and the “Computer Program Listing Appendix” will not be printed in any patent application or part of the printed patent. See 37 CFR 1.96(c).

Jump to MPEP Source · 37 CFR 1.52Drawing StandardsFiling, Search & Examination Fees
StatutoryPermittedAlways
[mpep-608-05-a-d24c295866567b83203986c2]
Short Computer Program Listings Can Be Submitted Electronically
Note:
A computer program listing up to 300 lines can be submitted as drawings, part of the written specification, an ASCII text file on a disc, or via the USPTO patent electronic filing system.

The USPTO prefers that specifications and drawings are submitted electronically via the USPTO patent electronic filing system. However, any specification and/or drawings submitted on physical sheets of paper should conform to the applicable provisions of 37 CFR 1.52 and 37 CFR 1.84, and will be subject to a non-electronic filing fee. See 37 CFR 1.16(t). When lengthy computer program listings must be disclosed in a patent application in order to provide a complete disclosure, use of paper copies can become burdensome. The cost of printing long computer programs in patent documents is also very expensive to the U.S. Patent and Trademark Office. In accordance with 37 CFR 1.96, a computer program listing contained on three hundred printout lines or less may be submitted either as drawings (in compliance with 37 CFR 1.84), as part of the written specification (in compliance with 37 CFR 1.52), as an ASCII text file on a read-only optical disc (in compliance with 37 CFR 1.52(e)), or as an ASCII text file via the USPTO patent electronic filing system (in compliance with the Legal Framework for Patent Electronic System (see MPEP § 502.05)). A computer program listing contained on three hundred and one (301) printout lines or more must be submitted as an ASCII plain text file on a read-only optical disc (in compliance with 37 CFR 1.52(e)) or submitted via the USPTO patent electronic filing system. See 37 CFR 1.96(c). Regardless of the number of printout lines a computer program listing has, any computer program listing which is filed as an ASCII plain text file on a read-only optical disc or submitted via the USPTO patent electronic filing system is referred to as a “Computer Program Listing Appendix”, and the “Computer Program Listing Appendix” will not be printed in any patent application or part of the printed patent. See 37 CFR 1.96(c).

Jump to MPEP Source · 37 CFR 1.52Drawing StandardsPatent Application Content
StatutoryRequiredAlways
[mpep-608-05-a-308eab58e6a42bb0f328b081]
Long Computer Programs Must Be Submitted Electronically
Note:
A computer program listing with over 300 printout lines must be submitted as an ASCII text file on a read-only optical disc or via the USPTO patent electronic filing system.

The USPTO prefers that specifications and drawings are submitted electronically via the USPTO patent electronic filing system. However, any specification and/or drawings submitted on physical sheets of paper should conform to the applicable provisions of 37 CFR 1.52 and 37 CFR 1.84, and will be subject to a non-electronic filing fee. See 37 CFR 1.16(t). When lengthy computer program listings must be disclosed in a patent application in order to provide a complete disclosure, use of paper copies can become burdensome. The cost of printing long computer programs in patent documents is also very expensive to the U.S. Patent and Trademark Office. In accordance with 37 CFR 1.96, a computer program listing contained on three hundred printout lines or less may be submitted either as drawings (in compliance with 37 CFR 1.84), as part of the written specification (in compliance with 37 CFR 1.52), as an ASCII text file on a read-only optical disc (in compliance with 37 CFR 1.52(e)), or as an ASCII text file via the USPTO patent electronic filing system (in compliance with the Legal Framework for Patent Electronic System (see MPEP § 502.05)). A computer program listing contained on three hundred and one (301) printout lines or more must be submitted as an ASCII plain text file on a read-only optical disc (in compliance with 37 CFR 1.52(e)) or submitted via the USPTO patent electronic filing system. See 37 CFR 1.96(c). Regardless of the number of printout lines a computer program listing has, any computer program listing which is filed as an ASCII plain text file on a read-only optical disc or submitted via the USPTO patent electronic filing system is referred to as a “Computer Program Listing Appendix”, and the “Computer Program Listing Appendix” will not be printed in any patent application or part of the printed patent. See 37 CFR 1.96(c).

Jump to MPEP Source · 37 CFR 1.52Drawing StandardsFiling, Search & Examination Fees
StatutoryInformativeAlways
[mpep-608-05-a-4f14e680bf1d26c37e5930b0]
ASCII Text File for Long Computer Programs
Note:
A long computer program listing must be submitted as an ASCII plain text file on a read-only optical disc or via the USPTO patent electronic filing system and will not be printed in the patent application.

The USPTO prefers that specifications and drawings are submitted electronically via the USPTO patent electronic filing system. However, any specification and/or drawings submitted on physical sheets of paper should conform to the applicable provisions of 37 CFR 1.52 and 37 CFR 1.84, and will be subject to a non-electronic filing fee. See 37 CFR 1.16(t). When lengthy computer program listings must be disclosed in a patent application in order to provide a complete disclosure, use of paper copies can become burdensome. The cost of printing long computer programs in patent documents is also very expensive to the U.S. Patent and Trademark Office. In accordance with 37 CFR 1.96, a computer program listing contained on three hundred printout lines or less may be submitted either as drawings (in compliance with 37 CFR 1.84), as part of the written specification (in compliance with 37 CFR 1.52), as an ASCII text file on a read-only optical disc (in compliance with 37 CFR 1.52(e)), or as an ASCII text file via the USPTO patent electronic filing system (in compliance with the Legal Framework for Patent Electronic System (see MPEP § 502.05)). A computer program listing contained on three hundred and one (301) printout lines or more must be submitted as an ASCII plain text file on a read-only optical disc (in compliance with 37 CFR 1.52(e)) or submitted via the USPTO patent electronic filing system. See 37 CFR 1.96(c). Regardless of the number of printout lines a computer program listing has, any computer program listing which is filed as an ASCII plain text file on a read-only optical disc or submitted via the USPTO patent electronic filing system is referred to as a “Computer Program Listing Appendix”, and the “Computer Program Listing Appendix” will not be printed in any patent application or part of the printed patent. See 37 CFR 1.96(c).

Jump to MPEP Source · 37 CFR 1.52Drawing StandardsFiling, Search & Examination Fees
Topic

Sequence Listing Format

4 rules
StatutoryInformativeAlways
[mpep-608-05-a-2bbceb52fb15e4fe65dc96ee]
Description of Computer Program Listings Required in Specification
Note:
The description of computer program listings, including instructions and routines, must be included in the specification portion of patent applications.

(a) General. Descriptions of the operation and general content of computer program listings should appear in the description portion of the specification. A computer program listing for the purpose of this section is defined as a document that lists, in appropriate sequence, the instructions, routines, and other contents of a program for a computer. The program listing may be either in machine or machine-independent (object or source) language that will cause a computer to perform a desired procedure or task such as solving a problem, regulating the flow of work in a computer, or controlling or monitoring events. Computer program listings may be submitted in patent applications, as set forth in paragraphs (b) and (c) of this section.

Jump to MPEP Source · 37 CFR 1.96Sequence Listing FormatSequence Listing RequirementsPatent Application Content
StatutoryRecommendedAlways
[mpep-608-05-a-95ee3bf7aa80379541a64512]
Description of Computer Program Listings Required in Specification
Note:
The specification must include descriptions of the operation and general content of computer program listings.

(a) General. Descriptions of the operation and general content of computer program listings should appear in the description portion of the specification. A computer program listing for the purpose of this section is defined as a document that lists, in appropriate sequence, the instructions, routines, and other contents of a program for a computer. The program listing may be either in machine or machine-independent (object or source) language that will cause a computer to perform a desired procedure or task such as solving a problem, regulating the flow of work in a computer, or controlling or monitoring events. Computer program listings may be submitted in patent applications, as set forth in paragraphs (b) and (c) of this section.

Jump to MPEP Source · 37 CFR 1.96Sequence Listing FormatSequence Listing RequirementsPatent Application Content
StatutoryInformativeAlways
[mpep-608-05-a-c71629cda64034233449aff5]
Program Listing Must List Instructions and Routines
Note:
A computer program listing must document the instructions, routines, and other contents of a program in appropriate sequence for a computer.

(a) General. Descriptions of the operation and general content of computer program listings should appear in the description portion of the specification. A computer program listing for the purpose of this section is defined as a document that lists, in appropriate sequence, the instructions, routines, and other contents of a program for a computer. The program listing may be either in machine or machine-independent (object or source) language that will cause a computer to perform a desired procedure or task such as solving a problem, regulating the flow of work in a computer, or controlling or monitoring events. Computer program listings may be submitted in patent applications, as set forth in paragraphs (b) and (c) of this section.

Jump to MPEP Source · 37 CFR 1.96Sequence Listing FormatSequence Listing RequirementsPatent Application Content
StatutoryPermittedAlways
[mpep-608-05-a-023ce88012e89f59faee8451]
Program Listings May Be Submitted In Patents
Note:
Patent applications may include computer program listings, either in machine or object language, to describe the instructions and routines of a program.

(a) General. Descriptions of the operation and general content of computer program listings should appear in the description portion of the specification. A computer program listing for the purpose of this section is defined as a document that lists, in appropriate sequence, the instructions, routines, and other contents of a program for a computer. The program listing may be either in machine or machine-independent (object or source) language that will cause a computer to perform a desired procedure or task such as solving a problem, regulating the flow of work in a computer, or controlling or monitoring events. Computer program listings may be submitted in patent applications, as set forth in paragraphs (b) and (c) of this section.

Jump to MPEP Source · 37 CFR 1.96Sequence Listing FormatSequence Listing RequirementsPatent Application Content
Topic

Patent Application Content

4 rules
StatutoryPermittedAlways
[mpep-608-05-a-1de81395a0ea0ac125255d79]
Program Listing Up to 300 Lines May Be Drawings or Part of Spec
Note:
A computer program listing up to 300 lines, with each line containing 72 characters or fewer, can be submitted as either drawings or part of the specification.
(b) Material which will be printed in the patent: If the computer program listing is contained in 300 lines or fewer, with each line of 72 characters or fewer, it may be submitted either as drawings or as part of the specification.
  • (1) Drawings. If the listing is submitted as drawings, it must be submitted in the manner and complying with the requirements for drawings as provided in § 1.84. At least one figure numeral is required on each sheet of drawing.
  • (2) Specification.
    • (i) If the listing is submitted as part of the specification, it must be submitted in accordance with the provisions of § 1.52.
    • (ii) Any listing having more than 60 lines of code that is submitted as part of the specification must be positioned at the end of the description but before the claims. Any amendment must be made by way of submission of a substitute sheet.
Jump to MPEP Source · 37 CFR 1.96Patent Application ContentDrawing StandardsFigure Requirements
StatutoryRequiredAlways
[mpep-608-05-a-b4128557115204674710ade1]
Specification Must Contain Computer Program Listing If Under 300 Lines
Note:
If a computer program listing is submitted as part of the specification and contains 300 lines or fewer, it must adhere to §1.52 requirements.

(b) Material which will be printed in the patent: If the computer program listing is contained in 300 lines or fewer, with each line of 72 characters or fewer, it may be submitted either as drawings or as part of the specification.
(2) Specification. (i) If the listing is submitted as part of the specification, it must be submitted in accordance with the provisions of § 1.52.

Jump to MPEP Source · 37 CFR 1.96Patent Application ContentSequence Listing Requirements
StatutoryPermittedAlways
[mpep-608-05-a-35e60814ba430f97f2fc6b53]
Specification Must Describe Computer Program Listing
Note:
The specification must include a general description and either directly list or reference the computer program listing in an ASCII text file or on a read-only optical disc.

A “computer program listing”, as used in these rules, means the document that lists, in proper order, the instructions, routines, and other contents of a program for a computer. The listing may be either in machine or machine-independent (object or source) programming language which will cause a computer to perform a desired procedure or task, such as solving a problem, regulating the flow of work in a computer, or controlling or monitoring events. The general description of the computer program listing will appear in the specification while the computer program listing may appear either directly in the specification or as a “Computer Program Listing Appendix” to the specification, submitted in an ASCII text file via the USPTO patent electronic filing system or on a read-only optical disc. The specification must include an incorporation by reference statement of the “Computer Program Listing Appendix” in accordance with 37 CFR 1.96(c)(6) according to the arrangement of application elements as outlined in 37 CFR 1.77(b)(5).

Jump to MPEP Source · 37 CFR 1.96(c)(6)Patent Application ContentRequired Specification ContentSpecification
StatutoryRequiredAlways
[mpep-608-05-a-3426ec470c4249c5cb57b3cb]
Requirement for Computer Program Listing Over 300 Lines
Note:
This rule requires including a specific form paragraph when a computer program listing over 300 lines is included in the specification and was filed on or after September 8, 2000.

1. This form paragraph must be used whenever a computer program listing consisting of more than three hundred lines is included as part of the descriptive portion of the specification if the computer program listing was filed on or after September 8, 2000. See MPEP § 608.05(a).

37 CFR 1.77Patent Application ContentSequence Listing Requirements
Topic

Amendments Adding New Matter

4 rules
StatutoryRequiredAlways
[mpep-608-05-a-d162bea482bb7d258f4864f5]
Duplicate Discs Required for Computer Program Listing
Note:
Two identical read-only optical discs must be submitted and labeled as Copy 1 and Copy 2 for a computer program listing appendix.

Read-only optical discs containing a “Computer Program Listing Appendix” must be submitted in duplicate and labeled as “Copy 1” and “Copy 2” respectively. The transmittal letter that accompanies the read-only optical discs must include a statement that the two read-only optical discs are identical. In the event that the two read-only optical disc copies are not identical, the Office will use the read-only optical disc labeled “Copy 1” for further processing. See 37 CFR 1.96(c)(7). Two discs would be considered not identical when, e.g., the files contained on those discs are not the same. Duplicate copies for a “Computer Program Listing Appendix” are required to be submitted since the OPAP keeps a first copy for record retention purposes and a second copy in an artifact folder for use by the examiner during the patent examination process. Any amendment to the information on a read-only optical disc must be by way of a replacement read-only optical disc in compliance with 37 CFR 1.96(c)(5), as discussed immediately below.

Jump to MPEP Source · 37 CFR 1.96(c)(7)Amendments Adding New MatterRequired Amendment ContentAmendments to Application
StatutoryInformativeAlways
[mpep-608-05-a-466c3b05692dda4642419588]
Duplicate Discs Required for Computer Program Listing
Note:
Two identical read-only optical discs must be submitted, with one labeled ‘Copy 1’ and the other ‘Copy 2’, for a computer program listing appendix.

Read-only optical discs containing a “Computer Program Listing Appendix” must be submitted in duplicate and labeled as “Copy 1” and “Copy 2” respectively. The transmittal letter that accompanies the read-only optical discs must include a statement that the two read-only optical discs are identical. In the event that the two read-only optical disc copies are not identical, the Office will use the read-only optical disc labeled “Copy 1” for further processing. See 37 CFR 1.96(c)(7). Two discs would be considered not identical when, e.g., the files contained on those discs are not the same. Duplicate copies for a “Computer Program Listing Appendix” are required to be submitted since the OPAP keeps a first copy for record retention purposes and a second copy in an artifact folder for use by the examiner during the patent examination process. Any amendment to the information on a read-only optical disc must be by way of a replacement read-only optical disc in compliance with 37 CFR 1.96(c)(5), as discussed immediately below.

Jump to MPEP Source · 37 CFR 1.96(c)(7)Amendments Adding New MatterRequired Amendment ContentAmendments to Application
StatutoryInformativeAlways
[mpep-608-05-a-bb6cab88cc0bc80e62d4d352]
Duplicate Discs Must Contain Same Files
Note:
Two read-only optical discs for a 'Computer Program Listing Appendix' must contain identical files to be considered valid for patent examination.

Read-only optical discs containing a “Computer Program Listing Appendix” must be submitted in duplicate and labeled as “Copy 1” and “Copy 2” respectively. The transmittal letter that accompanies the read-only optical discs must include a statement that the two read-only optical discs are identical. In the event that the two read-only optical disc copies are not identical, the Office will use the read-only optical disc labeled “Copy 1” for further processing. See 37 CFR 1.96(c)(7). Two discs would be considered not identical when, e.g., the files contained on those discs are not the same. Duplicate copies for a “Computer Program Listing Appendix” are required to be submitted since the OPAP keeps a first copy for record retention purposes and a second copy in an artifact folder for use by the examiner during the patent examination process. Any amendment to the information on a read-only optical disc must be by way of a replacement read-only optical disc in compliance with 37 CFR 1.96(c)(5), as discussed immediately below.

Jump to MPEP Source · 37 CFR 1.96(c)(7)Amendments Adding New MatterRequired Amendment ContentAmendments to Application
StatutoryRequiredAlways
[mpep-608-05-a-b557a088e1de7124ef34691c]
Amendment to Read-Only Optical Disc Requires Replacement Disc
Note:
Any changes to a read-only optical disc containing a Computer Program Listing Appendix must be made by submitting a new, compliant replacement disc.

Read-only optical discs containing a “Computer Program Listing Appendix” must be submitted in duplicate and labeled as “Copy 1” and “Copy 2” respectively. The transmittal letter that accompanies the read-only optical discs must include a statement that the two read-only optical discs are identical. In the event that the two read-only optical disc copies are not identical, the Office will use the read-only optical disc labeled “Copy 1” for further processing. See 37 CFR 1.96(c)(7). Two discs would be considered not identical when, e.g., the files contained on those discs are not the same. Duplicate copies for a “Computer Program Listing Appendix” are required to be submitted since the OPAP keeps a first copy for record retention purposes and a second copy in an artifact folder for use by the examiner during the patent examination process. Any amendment to the information on a read-only optical disc must be by way of a replacement read-only optical disc in compliance with 37 CFR 1.96(c)(5), as discussed immediately below.

Jump to MPEP Source · 37 CFR 1.96(c)(7)Amendments Adding New MatterAmendments to ApplicationRequired Amendment Content
Topic

Content of Examiner's Amendment

3 rules
StatutoryInformativeAlways
[mpep-608-05-a-d2f437866ea3b23b9109a86c]
Preliminary Amendment Including ASCII File Is Part of Original Disclosure
Note:
If a preliminary amendment filed with the application includes a ‘Computer Program Listing Appendix’ as an ASCII plain text file, it is treated as part of the original disclosure.

A “Computer Program Listing Appendix” filed as an ASCII plain text file on the date that the application was accorded a filing date is to be treated as part of the originally filed disclosure even if the required “incorporation by reference” statement (see 37 CFR 1.77(b)(5)) is omitted. Similarly, if a preliminary amendment accompanies the application when it is filed in the Office and the preliminary amendment includes a “Computer Program Listing Appendix” as an ASCII plain text file, the “Computer Program Listing Appendix” will be treated as part of the original disclosure. The “Computer Program Listing Appendix” is considered part of the original disclosure by virtue of its inclusion with the application on the date the application is accorded a filing date. The incorporation by reference statement of the material in the ASCII plain text file is required to be part of the specification so it is clear to the Office, the printer, and the public that the application as originally filed includes the “Computer Program Listing Appendix”. The examiner should require applicant(s) to insert this statement if it is omitted. See 37 CFR 1.96(c)(6). Also, if the application would otherwise be in condition for allowance, the examiner may insert the statement by examiner’s amendment with a notice of allowance after receiving authorization from the applicant. See MPEP § 1302.04 and 37 CFR 1.121(g).

Jump to MPEP Source · 37 CFR 1.77(b)(5))Content of Examiner's AmendmentComponents Required for Filing DateFiling Date Deficiency Notice
StatutoryRequiredAlways
[mpep-608-05-a-cf23ceb986258b797b311535]
Incorporation by Reference for Computer Program Listing Appendix Required
Note:
The specification must include an incorporation by reference statement for the ASCII plain text file containing the 'Computer Program Listing Appendix' to ensure it is part of the original disclosure.

A “Computer Program Listing Appendix” filed as an ASCII plain text file on the date that the application was accorded a filing date is to be treated as part of the originally filed disclosure even if the required “incorporation by reference” statement (see 37 CFR 1.77(b)(5)) is omitted. Similarly, if a preliminary amendment accompanies the application when it is filed in the Office and the preliminary amendment includes a “Computer Program Listing Appendix” as an ASCII plain text file, the “Computer Program Listing Appendix” will be treated as part of the original disclosure. The “Computer Program Listing Appendix” is considered part of the original disclosure by virtue of its inclusion with the application on the date the application is accorded a filing date. The incorporation by reference statement of the material in the ASCII plain text file is required to be part of the specification so it is clear to the Office, the printer, and the public that the application as originally filed includes the “Computer Program Listing Appendix”. The examiner should require applicant(s) to insert this statement if it is omitted. See 37 CFR 1.96(c)(6). Also, if the application would otherwise be in condition for allowance, the examiner may insert the statement by examiner’s amendment with a notice of allowance after receiving authorization from the applicant. See MPEP § 1302.04 and 37 CFR 1.121(g).

Jump to MPEP Source · 37 CFR 1.77(b)(5))Content of Examiner's AmendmentComponents Required for Filing DatePatent Application Content
StatutoryRecommendedAlways
[mpep-608-05-a-601af8add115039a38590e38]
Requirement for Incorporating Computer Program Listing
Note:
The examiner must require applicants to include the statement that incorporates the computer program listing appendix if it is omitted. If the application would otherwise be allowed, the examiner may add this statement by amendment after obtaining authorization from the applicant.

A “Computer Program Listing Appendix” filed as an ASCII plain text file on the date that the application was accorded a filing date is to be treated as part of the originally filed disclosure even if the required “incorporation by reference” statement (see 37 CFR 1.77(b)(5)) is omitted. Similarly, if a preliminary amendment accompanies the application when it is filed in the Office and the preliminary amendment includes a “Computer Program Listing Appendix” as an ASCII plain text file, the “Computer Program Listing Appendix” will be treated as part of the original disclosure. The “Computer Program Listing Appendix” is considered part of the original disclosure by virtue of its inclusion with the application on the date the application is accorded a filing date. The incorporation by reference statement of the material in the ASCII plain text file is required to be part of the specification so it is clear to the Office, the printer, and the public that the application as originally filed includes the “Computer Program Listing Appendix”. The examiner should require applicant(s) to insert this statement if it is omitted. See 37 CFR 1.96(c)(6). Also, if the application would otherwise be in condition for allowance, the examiner may insert the statement by examiner’s amendment with a notice of allowance after receiving authorization from the applicant. See MPEP § 1302.04 and 37 CFR 1.121(g).

Jump to MPEP Source · 37 CFR 1.77(b)(5))Content of Examiner's AmendmentFiling Date Deficiency NoticeExaminer's Amendment at Allowance
Topic

Specification

2 rules
StatutoryRequiredAlways
[mpep-608-05-a-74b8d8708400bca7041aeb1d]
Specification Listing Must Be Placed After Description
Note:
Any listing with more than 60 lines of code submitted as part of the specification must be placed at the end of the description but before the claims.

(b) Material which will be printed in the patent: If the computer program listing is contained in 300 lines or fewer, with each line of 72 characters or fewer, it may be submitted either as drawings or as part of the specification.
(2) Specification.

(ii) Any listing having more than 60 lines of code that is submitted as part of the specification must be positioned at the end of the description but before the claims.

Jump to MPEP Source · 37 CFR 1.96SpecificationPatent Application ContentSequence Listing Requirements
StatutoryRequiredAlways
[mpep-608-05-a-4e6024953036f50f16738b3c]
Amendments Must Be Submitted on a Substitute Sheet
Note:
Any amendment to the specification must be made by submitting a substitute sheet, as per the requirements for computer program listings.

(b) Material which will be printed in the patent: If the computer program listing is contained in 300 lines or fewer, with each line of 72 characters or fewer, it may be submitted either as drawings or as part of the specification.
(2) Specification.

Any amendment must be made by way of submission of a substitute sheet.

Jump to MPEP Source · 37 CFR 1.96SpecificationPatent Application ContentSequence Listing Requirements
Topic

Filing Date Requirements

2 rules
StatutoryRequiredAlways
[mpep-608-05-a-00720743b92df9247fe6603f]
Computer Program Listing as Part of Original Disclosure
Note:
A computer program listing filed on the filing date is considered part of the original disclosure even if an incorporation by reference statement is omitted.

A “Computer Program Listing Appendix” filed as an ASCII plain text file on the date that the application was accorded a filing date is to be treated as part of the originally filed disclosure even if the required “incorporation by reference” statement (see 37 CFR 1.77(b)(5)) is omitted. Similarly, if a preliminary amendment accompanies the application when it is filed in the Office and the preliminary amendment includes a “Computer Program Listing Appendix” as an ASCII plain text file, the “Computer Program Listing Appendix” will be treated as part of the original disclosure. The “Computer Program Listing Appendix” is considered part of the original disclosure by virtue of its inclusion with the application on the date the application is accorded a filing date. The incorporation by reference statement of the material in the ASCII plain text file is required to be part of the specification so it is clear to the Office, the printer, and the public that the application as originally filed includes the “Computer Program Listing Appendix”. The examiner should require applicant(s) to insert this statement if it is omitted. See 37 CFR 1.96(c)(6). Also, if the application would otherwise be in condition for allowance, the examiner may insert the statement by examiner’s amendment with a notice of allowance after receiving authorization from the applicant. See MPEP § 1302.04 and 37 CFR 1.121(g).

Jump to MPEP Source · 37 CFR 1.77(b)(5))Filing Date RequirementsContent of Examiner's AmendmentComponents Required for Filing Date
StatutoryInformativeAlways
[mpep-608-05-a-ccf796074464bd94ca953157]
Computer Program Listing as Part of Original Disclosure
Note:
A computer program listing ASCII file included with the application on filing date is considered part of the original disclosure.

A “Computer Program Listing Appendix” filed as an ASCII plain text file on the date that the application was accorded a filing date is to be treated as part of the originally filed disclosure even if the required “incorporation by reference” statement (see 37 CFR 1.77(b)(5)) is omitted. Similarly, if a preliminary amendment accompanies the application when it is filed in the Office and the preliminary amendment includes a “Computer Program Listing Appendix” as an ASCII plain text file, the “Computer Program Listing Appendix” will be treated as part of the original disclosure. The “Computer Program Listing Appendix” is considered part of the original disclosure by virtue of its inclusion with the application on the date the application is accorded a filing date. The incorporation by reference statement of the material in the ASCII plain text file is required to be part of the specification so it is clear to the Office, the printer, and the public that the application as originally filed includes the “Computer Program Listing Appendix”. The examiner should require applicant(s) to insert this statement if it is omitted. See 37 CFR 1.96(c)(6). Also, if the application would otherwise be in condition for allowance, the examiner may insert the statement by examiner’s amendment with a notice of allowance after receiving authorization from the applicant. See MPEP § 1302.04 and 37 CFR 1.121(g).

Jump to MPEP Source · 37 CFR 1.77(b)(5))Filing Date RequirementsContent of Examiner's AmendmentComponents Required for Filing Date
Topic

Figure Requirements

1 rules
StatutoryRequiredAlways
[mpep-608-05-a-bc07bc5730a778a6cb1efd68]
Figure Numeral Required on Each Drawing Sheet
Note:
At least one figure numeral is required on each sheet of drawing when submitting a computer program listing as drawings.

(b) Material which will be printed in the patent: If the computer program listing is contained in 300 lines or fewer, with each line of 72 characters or fewer, it may be submitted either as drawings or as part of the specification. (1) Drawings. If the listing is submitted as drawings, it must be submitted in the manner and complying with the requirements for drawings as provided in § 1.84. At least one figure numeral is required on each sheet of drawing.

Jump to MPEP Source · 37 CFR 1.96Figure RequirementsDrawing Standards
Topic

Components Required for Filing Date

1 rules
StatutoryRequiredAlways
[mpep-608-05-a-62673d03f56d2aa2e503ee3f]
Computer Program Listing Requirement for Filing Date
Note:
A computer program listing over 300 lines must be submitted as an electronic document in ASCII plain text, and the specification must include an incorporation by reference of the 'Computer Program Listing Appendix'.
(c) As an appendix that will not be printed: Any computer program listing may, and any computer program listing having over 300 lines (up to 72 characters per line) must, be submitted as an electronic document in ASCII plain text, whether submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with § 1.52(e). An electronic document containing such a computer program listing is to be referred to as a “Computer Program Listing Appendix.” The “Computer Program Listing Appendix” will not be part of the printed patent. The specification must include an incorporation by reference of the “Computer Program Listing Appendix,” in accordance with § 1.77(b)(5).
  • (1) A “Computer Program Listing Appendix” must conform to the following requirements:
    • (i) Computer compatibility: PC or Mac ®;
    • (ii) Operating system compatibility: MS–DOS ®, MS-Windows ®, Mac OS ®, or Unix ® /Linux ®;
    • (iii) Line terminator: ASCII CRLF or LF only; and
    • (iv) Control codes: The data must not be dependent on control characters or codes that are not defined in the ASCII character set.
  • (2) Each file must be named as *.txt, where “*” is one character or a combination of characters limited to upper- or lowercase letters, numbers, hyphens, and underscores and does not exceed 60 characters in total, excluding the extension. No spaces or other types of characters are permitted in the file name.
  • (3) Each file containing a “Computer Program Listing Appendix” submitted via the USPTO patent electronic filing system must not exceed 25 MB, and file compression is not permitted.
  • (4) A "Computer Program Listing Appendix" submitted in compliance with § 1.52(e) must conform to the following requirements:
    • (i) A separate read-only optical disc containing a "Computer Program Listing Appendix" must be submitted for each applicable application;
    • (ii) Multiple computer program listings for a single application may be placed on a single read-only optical disc;
    • (iii) Multiple read-only optical discs, containing one or more computer program listings, may be submitted for a single application, if necessary;
    • (iv) Any computer program listing may, and a computer program listing having a nested file structure must, when submitted in compliance with § 1.52(e), be compressed into a single file using WinZip ®, 7-Zip, or Unix ® / Linux ® Zip;
    • (v) Any compressed file must not be self-extracting; and
    • (vi) A compressed ASCII plain text file that does not fit on a single read-only optical disc may be split into multiple file parts, in accordance with the target read-only optical disc size and labeled in compliance with § 1.52(e)(5)(vi).
  • (5) Any amendments to a "Computer Program Listing Appendix" in electronic form in ASCII plain text format must include:
    • (i) A replacement ASCII plain text file, in accordance with the requirements of this paragraph (c), submitted via the USPTO patent electronic filing system, or on a read-only optical disc, in compliance with § 1.52(e), where the replacement read-only optical disc must be submitted in duplicate, and the read-only optical discs must be labeled “COPY 1 REPLACEMENT MM/DD/YYYY” (with the month, day, and year of creation indicated) and “COPY 2 REPLACEMENT MM/DD/YYYY”;
    • (ii) A request that the amendment be made by incorporation by reference of the material in the replacement ASCII plain text file, in a separate paragraph of the specification (replacing any prior such paragraph) identifying the name of the file, the date of creation, and the size of the file in bytes (see § 1.77(b)(5));
    • (iii) A statement that identifies the location of all deletions, replacements, or additions to the ASCII plain text file; and
    • (iv) A statement that the replacement ASCII plain text file contains no new matter.
  • (6) The specification of a complete application with a “Computer Program Listing Appendix” as an ASCII plain text file, filed on the application filing date, without an incorporation by reference of the material contained in the ASCII plain text file, must be amended to contain a separate paragraph incorporating by reference the material contained in the ASCII plain text file, in accordance with § 1.77(b)(5).
  • (7) Any read-only optical disc for a “Computer Program Listing Appendix” must be submitted in duplicate. The read-only optical disc and duplicate copy must be labeled “Copy 1” and “Copy 2,” respectively. The transmittal letter that accompanies the read-only optical discs must include a statement that the two read-only optical discs are identical. In the event that the two read-only optical discs are not identical, the Office will use the read-only optical disc labeled “Copy 1” for further processing. Any amendment to the information on a read-only optical disc must be by way of a replacement read-only optical disc, in compliance with § 1.96(c)(5).
Jump to MPEP Source · 37 CFR 1.52(e)Components Required for Filing DateRequired Specification ContentSpecification
Topic

Prohibited Specification Content

1 rules
StatutoryProhibitedAlways
[mpep-608-05-a-6eeec49342772e4e5a6a879c]
File Size for Computer Program Listing Appendix Must Not Exceed 25 MB
Note:
Each file containing a 'Computer Program Listing Appendix' submitted via the USPTO patent electronic filing system must not exceed 25 MB and cannot be compressed.

(c) As an appendix that will not be printed: Any computer program listing may, and any computer program listing having over 300 lines (up to 72 characters per line) must, be submitted as an electronic document in ASCII plain text, whether submitted via the USPTO patent electronic filing system or on a read-only optical disc, in compliance with § 1.52(e). An electronic document containing such a computer program listing is to be referred to as a “Computer Program Listing Appendix.” The “Computer Program Listing Appendix” will not be part of the printed patent. The specification must include an incorporation by reference of the “Computer Program Listing Appendix,” in accordance with § 1.77(b)(5).

(3) Each file containing a “Computer Program Listing Appendix” submitted via the USPTO patent electronic filing system must not exceed 25 MB, and file compression is not permitted.

Jump to MPEP Source · 37 CFR 1.52(e)Prohibited Specification ContentRequired Specification ContentSpecification
Topic

Required Amendment Content

1 rules
StatutoryRequiredAlways
[mpep-608-05-a-70c490097bcd6217cbb3df6c]
Transmittal Letter Must Confirm Discs Are Identical
Note:
The transmittal letter must state that the two read-only optical discs are identical to ensure proper examination.

Read-only optical discs containing a “Computer Program Listing Appendix” must be submitted in duplicate and labeled as “Copy 1” and “Copy 2” respectively. The transmittal letter that accompanies the read-only optical discs must include a statement that the two read-only optical discs are identical. In the event that the two read-only optical disc copies are not identical, the Office will use the read-only optical disc labeled “Copy 1” for further processing. See 37 CFR 1.96(c)(7). Two discs would be considered not identical when, e.g., the files contained on those discs are not the same. Duplicate copies for a “Computer Program Listing Appendix” are required to be submitted since the OPAP keeps a first copy for record retention purposes and a second copy in an artifact folder for use by the examiner during the patent examination process. Any amendment to the information on a read-only optical disc must be by way of a replacement read-only optical disc in compliance with 37 CFR 1.96(c)(5), as discussed immediately below.

Jump to MPEP Source · 37 CFR 1.96(c)(7)Required Amendment ContentAmendments Adding New MatterAmendments to Application
Topic

Statutory Authority for Examination

1 rules
StatutoryRequiredAlways
[mpep-608-05-a-daa8b269b7fe9978f995e632]
Duplicate Copies Required for Computer Program Listing
Note:
Two identical read-only optical discs must be submitted, with one kept by OPAP and the other used by examiners during patent examination.

Read-only optical discs containing a “Computer Program Listing Appendix” must be submitted in duplicate and labeled as “Copy 1” and “Copy 2” respectively. The transmittal letter that accompanies the read-only optical discs must include a statement that the two read-only optical discs are identical. In the event that the two read-only optical disc copies are not identical, the Office will use the read-only optical disc labeled “Copy 1” for further processing. See 37 CFR 1.96(c)(7). Two discs would be considered not identical when, e.g., the files contained on those discs are not the same. Duplicate copies for a “Computer Program Listing Appendix” are required to be submitted since the OPAP keeps a first copy for record retention purposes and a second copy in an artifact folder for use by the examiner during the patent examination process. Any amendment to the information on a read-only optical disc must be by way of a replacement read-only optical disc in compliance with 37 CFR 1.96(c)(5), as discussed immediately below.

Jump to MPEP Source · 37 CFR 1.96(c)(7)Statutory Authority for ExaminationExamination ProceduresAmendments Adding New Matter

Citations

Primary topicCitation
Content of Examiner's Amendment
Filing Date Requirements
37 CFR § 1.121(g)
Drawing Standards37 CFR § 1.16(t)
Sequence Listing Requirements37 CFR § 1.19
Drawing Standards
Patent Application Content
37 CFR § 1.52
Components Required for Filing Date
Drawing Standards
Paper and Format Requirements
Prohibited Specification Content
Required Specification Content
Sequence Listing Requirements
37 CFR § 1.52(e)
Components Required for Filing Date
Paper and Format Requirements
Required Specification Content
Sequence Listing Requirements
37 CFR § 1.52(e)(5)(vi)
Paper and Format Requirements37 CFR § 1.52(e)(7)
Components Required for Filing Date
Content of Examiner's Amendment
Filing Date Requirements
Paper and Format Requirements
Patent Application Content
Prohibited Specification Content
Required Specification Content
37 CFR § 1.77(b)(5)
Drawing Standards
Figure Requirements
Patent Application Content
37 CFR § 1.84
Drawing Standards
Sequence Listing Requirements
37 CFR § 1.96
Drawing Standards
Paper and Format Requirements
Sequence Listing Requirements
37 CFR § 1.96(c)
Sequence Listing Requirements37 CFR § 1.96(c)(1)
Sequence Listing Requirements37 CFR § 1.96(c)(2)
Sequence Listing Requirements37 CFR § 1.96(c)(3)
Paper and Format Requirements
Sequence Listing Requirements
37 CFR § 1.96(c)(4)
Amendments Adding New Matter
Components Required for Filing Date
Paper and Format Requirements
Required Amendment Content
Required Specification Content
Statutory Authority for Examination
37 CFR § 1.96(c)(5)
Content of Examiner's Amendment
Filing Date Requirements
Patent Application Content
Required Specification Content
37 CFR § 1.96(c)(6)
Amendments Adding New Matter
Required Amendment Content
Statutory Authority for Examination
37 CFR § 1.96(c)(7)
Content of Examiner's Amendment
Filing Date Requirements
MPEP § 1302.04
Drawing StandardsMPEP § 502.05
MPEP § 608.05
Sequence Listing RequirementsMPEP § 608.05(I)(C)
Patent Application ContentMPEP § 608.05(a)
Form Paragraph § 6.64.01

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