PCT Rule 13ter — Nucleotide and/or Amino Acid Sequence Listings (MPEP Coverage Index) – BlueIron IP
PCT Rule 13ter Nucleotide and/or Amino Acid Sequence Listings
This page consolidates MPEP guidance interpreting PCT Rule 13ter, including 69 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
The Nucleotide and/or Amino Acid Sequence Listings is required in an international application filed under the PCT, and must be included as part of the description.
What this section covers
- Define that this section covers the requirements for including nucleotide and amino acid sequence listings in an international application filed under the PCT.
- Identify that the core topic is ensuring compliance with PCT Rule 5.2 for disclosing nucleotide and amino acid sequences in an international application.
Key obligations
- State that practitioners must include a sequence listing in the description of an international application if nucleotide and/or amino acid sequences are disclosed.
- State that Rule 13ter.1 applies to the procedure before the International Preliminary Examining Authority for sequence listings.
- State that compliance with PCT Rule 5.2 is a key obligation for disclosing nucleotide and amino acid sequences in an international application.
Practice notes
- Give a practical tip that practitioners should ensure the sequence listing is properly formatted and includes all required information as specified in PCT Rule 5.2.
- Call out a common pitfall that practitioners should avoid including outdated or incorrect sequence information in the application, which could lead to rejection.
Official MPEP § 13ter — Nucleotide and/or Amino Acid Sequence Listings
Source: USPTOLast Modified: 10/30/2024 08:50:22
Rule 13 ter Nucleotide and/or Amino Acid Sequence Listings
13 ter.1 Procedure before the International Searching Authority
- (a) Where the international application contains disclosure of nucleotide and/or amino acid sequences that, pursuant to the Administrative Instructions, are required to be included in a sequence listing, the International Searching Authority may invite the applicant to furnish to it, for the purposes of the international search, a sequence listing complying with the standard provided for in the Administrative Instructions, unless such listing is already available to it in a form, language and manner acceptable to it, and to pay to it, where applicable, the late furnishing fee referred to in paragraph (c), within a time limit fixed in the invitation.
- (b) [Deleted]
- (c) The furnishing of a sequence listing in response to an invitation under paragraph (a) may be subjected by the International Searching Authority to the payment to it, for its own benefit, of a late furnishing fee whose amount shall be determined by the International Searching Authority but shall not exceed 25% of the international filing fee referred to in item 1 of the Schedule of Fees, not taking into account any fee for each sheet of the international application in excess of 30 sheets.
- (d) If the applicant does not, within the time limit fixed in the invitation under paragraph (a), furnish the required sequence listing and pay any required late furnishing fee, the International Searching Authority shall only be required to search the international application to the extent that a meaningful search can be carried out without the sequence listing.
- (e) Any sequence listing not contained in the international application as filed, whether furnished in response to an invitation under paragraph (a) or otherwise, shall not form part of the international application, but this paragraph shall not prevent the applicant from amending the description in relation to a sequence listing pursuant to Article 34(2)(b) .
13 ter.2 Procedure before the International Preliminary Examining Authority
Rule 13ter.1 shall apply mutatis mutandis to the procedure before the International Preliminary Examining Authority.
13 ter.3 Sequence Listing for Designated Office
No designated Office shall require the applicant to furnish to it a sequence listing other than a sequence listing complying with the standard provided for in the Administrative Instructions.
-
- Pct Amendments Article 19
- Pct Description Claims
-
- Pct Filing
- Pct International Preliminary Examination
- Pct International Search
- Pct Request
- Sequence Listing