Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2400 – Biotechnology (4)
A Sequence Identifier (SEQ ID NO) is a unique number assigned to each disclosed nucleic acid and/or amino acid sequence in a patent application. According to MPEP 2422.01:
“37 CFR 1.821(d) and 37 CFR 1.823(a)(5) require that each disclosed nucleic acid and/or amino acid sequence in the application appear separately in the “Sequence Listing”, with each sequence further being assigned a sequence identifier, referred to as “SEQ ID NO:” or the like.“
Key points about Sequence Identifiers:
- They must begin with 1 and increase sequentially by integers.
- Each sequence must have a different number for identification.
- Sequences should be presented in numerical order in the “Sequence Listing” where practical.
- When discussing a sequence in the description or claims, a reference to its SEQ ID NO is required at all occurrences.
- SEQ ID NOs can be used to discuss or claim parts of a sequence (e.g., “residues 14 to 243 of SEQ ID NO:23”).
The use of SEQ ID NOs provides a shorthand way for applicants to discuss and claim their inventions without restricting how an invention can be claimed.
To learn more:
A “Sequence Listing” is a separate part of a patent application that contains disclosures of nucleotide and/or amino acid sequences, along with associated information, using a standardized format and symbols. According to MPEP 2421.01, it is required for applications containing disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR 1.821(a).
The MPEP states: 37 CFR 1.821(c) requires that applications containing disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR 1.821(a) contain, as a separate part, a disclosure of the nucleotide and/or amino acid sequences, and associated information, using the format and symbols that are set forth in 37 CFR 1.822 and 37 CFR 1.823.
To learn more:
If a sequence listing XML file is not submitted within the time period set in the notice, the application may be held abandoned. According to MPEP 2414:
“If applicant fails to timely provide the required sequence listing XML file, the application will be held abandoned.”
It’s crucial for applicants to respond promptly to any notices regarding sequence listing requirements to avoid potential abandonment of their application.
To learn more:
Non-compliance with Sequence Listing requirements can have significant consequences for patent applications. According to MPEP 2427, consequences may include:
- Delayed examination of the application
- Issuance of a notice of non-compliant amendment
- Requirement to submit a compliant Sequence Listing and associated documentation
- Potential loss of filing date if the non-compliance is not corrected in a timely manner
The USPTO uses various form paragraphs (e.g., ¶ 24.01 – ¶ 24.17) to notify applicants of specific deficiencies and required responses. For example, form paragraph ¶ 24.02 states: “This application fails to comply with the requirements of 37 CFR 1.821 – 1.825 because it does not contain a ‘Sequence Listing’ as a separate part of the disclosure or a CRF of the ‘Sequence Listing’.”
Applicants must address these issues promptly to avoid potential delays or other negative impacts on their patent applications.
To learn more:
MPEP 2414 – Notification Of A Failure To Comply With Sequence Listing Requirements And Amendments Relating To "Sequence Listing Xml" Files Under 37 Cfr 1.835 (1)
If a sequence listing XML file is not submitted within the time period set in the notice, the application may be held abandoned. According to MPEP 2414:
“If applicant fails to timely provide the required sequence listing XML file, the application will be held abandoned.”
It’s crucial for applicants to respond promptly to any notices regarding sequence listing requirements to avoid potential abandonment of their application.
To learn more:
MPEP 2421.01 – Definition Of "Sequence Listing" And Computer Readable Form (Crf) (1)
A “Sequence Listing” is a separate part of a patent application that contains disclosures of nucleotide and/or amino acid sequences, along with associated information, using a standardized format and symbols. According to MPEP 2421.01, it is required for applications containing disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR 1.821(a).
The MPEP states: 37 CFR 1.821(c) requires that applications containing disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR 1.821(a) contain, as a separate part, a disclosure of the nucleotide and/or amino acid sequences, and associated information, using the format and symbols that are set forth in 37 CFR 1.822 and 37 CFR 1.823.
To learn more:
MPEP 2422.01 – Nucleotide And/Or Amino Acids Disclosures Requiring A "Sequence Listing" (1)
A Sequence Identifier (SEQ ID NO) is a unique number assigned to each disclosed nucleic acid and/or amino acid sequence in a patent application. According to MPEP 2422.01:
“37 CFR 1.821(d) and 37 CFR 1.823(a)(5) require that each disclosed nucleic acid and/or amino acid sequence in the application appear separately in the “Sequence Listing”, with each sequence further being assigned a sequence identifier, referred to as “SEQ ID NO:” or the like.“
Key points about Sequence Identifiers:
- They must begin with 1 and increase sequentially by integers.
- Each sequence must have a different number for identification.
- Sequences should be presented in numerical order in the “Sequence Listing” where practical.
- When discussing a sequence in the description or claims, a reference to its SEQ ID NO is required at all occurrences.
- SEQ ID NOs can be used to discuss or claim parts of a sequence (e.g., “residues 14 to 243 of SEQ ID NO:23”).
The use of SEQ ID NOs provides a shorthand way for applicants to discuss and claim their inventions without restricting how an invention can be claimed.
To learn more:
MPEP 2427 – Form Paragraphs For Applications Subject To Wipo St.25 (1)
Non-compliance with Sequence Listing requirements can have significant consequences for patent applications. According to MPEP 2427, consequences may include:
- Delayed examination of the application
- Issuance of a notice of non-compliant amendment
- Requirement to submit a compliant Sequence Listing and associated documentation
- Potential loss of filing date if the non-compliance is not corrected in a timely manner
The USPTO uses various form paragraphs (e.g., ¶ 24.01 – ¶ 24.17) to notify applicants of specific deficiencies and required responses. For example, form paragraph ¶ 24.02 states: “This application fails to comply with the requirements of 37 CFR 1.821 – 1.825 because it does not contain a ‘Sequence Listing’ as a separate part of the disclosure or a CRF of the ‘Sequence Listing’.”
Applicants must address these issues promptly to avoid potential delays or other negative impacts on their patent applications.
To learn more:
Patent Law (4)
A Sequence Identifier (SEQ ID NO) is a unique number assigned to each disclosed nucleic acid and/or amino acid sequence in a patent application. According to MPEP 2422.01:
“37 CFR 1.821(d) and 37 CFR 1.823(a)(5) require that each disclosed nucleic acid and/or amino acid sequence in the application appear separately in the “Sequence Listing”, with each sequence further being assigned a sequence identifier, referred to as “SEQ ID NO:” or the like.“
Key points about Sequence Identifiers:
- They must begin with 1 and increase sequentially by integers.
- Each sequence must have a different number for identification.
- Sequences should be presented in numerical order in the “Sequence Listing” where practical.
- When discussing a sequence in the description or claims, a reference to its SEQ ID NO is required at all occurrences.
- SEQ ID NOs can be used to discuss or claim parts of a sequence (e.g., “residues 14 to 243 of SEQ ID NO:23”).
The use of SEQ ID NOs provides a shorthand way for applicants to discuss and claim their inventions without restricting how an invention can be claimed.
To learn more:
A “Sequence Listing” is a separate part of a patent application that contains disclosures of nucleotide and/or amino acid sequences, along with associated information, using a standardized format and symbols. According to MPEP 2421.01, it is required for applications containing disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR 1.821(a).
The MPEP states: 37 CFR 1.821(c) requires that applications containing disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR 1.821(a) contain, as a separate part, a disclosure of the nucleotide and/or amino acid sequences, and associated information, using the format and symbols that are set forth in 37 CFR 1.822 and 37 CFR 1.823.
To learn more:
If a sequence listing XML file is not submitted within the time period set in the notice, the application may be held abandoned. According to MPEP 2414:
“If applicant fails to timely provide the required sequence listing XML file, the application will be held abandoned.”
It’s crucial for applicants to respond promptly to any notices regarding sequence listing requirements to avoid potential abandonment of their application.
To learn more:
Non-compliance with Sequence Listing requirements can have significant consequences for patent applications. According to MPEP 2427, consequences may include:
- Delayed examination of the application
- Issuance of a notice of non-compliant amendment
- Requirement to submit a compliant Sequence Listing and associated documentation
- Potential loss of filing date if the non-compliance is not corrected in a timely manner
The USPTO uses various form paragraphs (e.g., ¶ 24.01 – ¶ 24.17) to notify applicants of specific deficiencies and required responses. For example, form paragraph ¶ 24.02 states: “This application fails to comply with the requirements of 37 CFR 1.821 – 1.825 because it does not contain a ‘Sequence Listing’ as a separate part of the disclosure or a CRF of the ‘Sequence Listing’.”
Applicants must address these issues promptly to avoid potential delays or other negative impacts on their patent applications.
To learn more:
Patent Procedure (4)
A Sequence Identifier (SEQ ID NO) is a unique number assigned to each disclosed nucleic acid and/or amino acid sequence in a patent application. According to MPEP 2422.01:
“37 CFR 1.821(d) and 37 CFR 1.823(a)(5) require that each disclosed nucleic acid and/or amino acid sequence in the application appear separately in the “Sequence Listing”, with each sequence further being assigned a sequence identifier, referred to as “SEQ ID NO:” or the like.“
Key points about Sequence Identifiers:
- They must begin with 1 and increase sequentially by integers.
- Each sequence must have a different number for identification.
- Sequences should be presented in numerical order in the “Sequence Listing” where practical.
- When discussing a sequence in the description or claims, a reference to its SEQ ID NO is required at all occurrences.
- SEQ ID NOs can be used to discuss or claim parts of a sequence (e.g., “residues 14 to 243 of SEQ ID NO:23”).
The use of SEQ ID NOs provides a shorthand way for applicants to discuss and claim their inventions without restricting how an invention can be claimed.
To learn more:
A “Sequence Listing” is a separate part of a patent application that contains disclosures of nucleotide and/or amino acid sequences, along with associated information, using a standardized format and symbols. According to MPEP 2421.01, it is required for applications containing disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR 1.821(a).
The MPEP states: 37 CFR 1.821(c) requires that applications containing disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR 1.821(a) contain, as a separate part, a disclosure of the nucleotide and/or amino acid sequences, and associated information, using the format and symbols that are set forth in 37 CFR 1.822 and 37 CFR 1.823.
To learn more:
If a sequence listing XML file is not submitted within the time period set in the notice, the application may be held abandoned. According to MPEP 2414:
“If applicant fails to timely provide the required sequence listing XML file, the application will be held abandoned.”
It’s crucial for applicants to respond promptly to any notices regarding sequence listing requirements to avoid potential abandonment of their application.
To learn more:
Non-compliance with Sequence Listing requirements can have significant consequences for patent applications. According to MPEP 2427, consequences may include:
- Delayed examination of the application
- Issuance of a notice of non-compliant amendment
- Requirement to submit a compliant Sequence Listing and associated documentation
- Potential loss of filing date if the non-compliance is not corrected in a timely manner
The USPTO uses various form paragraphs (e.g., ¶ 24.01 – ¶ 24.17) to notify applicants of specific deficiencies and required responses. For example, form paragraph ¶ 24.02 states: “This application fails to comply with the requirements of 37 CFR 1.821 – 1.825 because it does not contain a ‘Sequence Listing’ as a separate part of the disclosure or a CRF of the ‘Sequence Listing’.”
Applicants must address these issues promptly to avoid potential delays or other negative impacts on their patent applications.
To learn more: