Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2400 – Biotechnology (8)
According to MPEP 2412.05(a), intentionally skipped sequences must be included in the “Sequence Listing XML” and represented as follows:
- Use the element SequenceData and its attribute sequenceIDNumber, providing the sequence identifier of the skipped sequence as the value.
- Include the elements INSDSeq_length, INSDSeq_moltype, and INSDSeq_division, but with no value provided.
- Do not include the element INSDSeq_feature-table.
- Use the element INSDSeq_sequence with the string “000” as the value.
The MPEP states: “Where no sequence is present for a sequence identifier, i.e. an intentionally skipped sequence, ‘000’ must be used in place of a sequence.” This ensures that the total number of sequences in the listing matches the total number of sequence identifiers, maintaining consistency and completeness in the documentation.
To learn more:
The element in a Sequence Listing XML is used to describe features of the sequence. Here’s how it’s structured and used:
- It contains one or more elements.
- Each element describes a specific feature of the sequence.
- Features can include biological significance, such as coding regions or mutation sites.
The MPEP 2413.01 states: “The contains one or more elements.” This table allows applicants to provide detailed information about specific regions or characteristics of the sequence, which is crucial for understanding its biological function and patentability.
To learn more:
What are the requirements for INSDSeq_length in a Sequence Listing XML?
According to MPEP 2413, the INSDSeq_length element in a Sequence Listing XML has specific requirements:
- It must be a positive integer
- It represents the number of residues in the sequence
- For nucleotide sequences, it includes both nucleotides and nucleotide analogs
- For amino acid sequences, it includes amino acids, modified amino acids, and unknown amino acids
MPEP 2413 states: “The length of the sequence must be indicated by a positive integer expressing the number of residues.”
This element is crucial for accurately representing the size of each sequence in the Sequence Listing XML file.
To learn more:
The element in a Sequence Listing XML serves a specific purpose in identifying the type of molecule being described. Here’s how it functions:
- It specifies whether the sequence is DNA, RNA, or protein.
- This information is crucial for proper interpretation of the sequence data.
- It helps in determining the appropriate analysis methods and tools to be used.
The MPEP 2413.01 mentions the as one of the elements within the container. By clearly indicating the molecule type, this element ensures that patent examiners and other readers can correctly understand and evaluate the sequence information provided in the application.
To learn more:
The element in a Sequence Listing XML serves a specific purpose:
- It is used to provide additional sequence identifiers for a given sequence.
- This element can contain one or more sub-elements.
- Each sub-element represents an alternative identifier for the sequence.
According to MPEP 2413.01, “The contains one or more elements identifying alternative sequences.” This allows for flexibility in referencing sequences using different identification systems or nomenclatures.
To learn more:
The element in a Sequence Listing XML contains crucial information about the actual sequence. Here’s what it includes:
- The raw sequence data itself.
- It represents the order of nucleotides (for DNA/RNA) or amino acids (for proteins).
- The sequence is presented without spaces or numbers.
According to MPEP 2413.01, “The contains the raw sequence data.” This element is essential as it provides the core information about the biological sequence being disclosed in the patent application.
To learn more:
When submitting a “Sequence Listing XML” in response to a notice from the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), applicants are required to pay a late furnishing fee. According to MPEP 2414.05:
“In response to such a requirement, the late furnishing fee set forth in § 1.445(a)(5) is also required.”
This fee is in addition to the submission of the “Sequence Listing XML” and a statement that the information does not go beyond the original disclosure. The specific amount of the fee can be found in 37 CFR 1.445(a)(5) and is subject to change, so applicants should consult the current fee schedule on the USPTO website.
To learn more:
When submitting a “Sequence Listing XML” on read-only optical discs, proper labeling and packaging are crucial. According to MPEP 2413.03, follow these guidelines:
- Marking: All read-only optical discs, fees, and accompanying papers should be marked “Mail Stop SEQUENCE.”
- Hand delivery: For hand delivery to the Customer Service Window, place the disc in a protective mailer labeled with at least the application number (if available).
- Labeling requirements: Adhere to the labeling requirements of 37 CFR 1.52(e) and 1.834(b)(2).
- Packaging: Use staples and clips carefully to attach the mailer to the submitted papers without contacting or compressing the media.
- Multiple discs: If a compressed XML file doesn’t fit on a single disc, it may be split into multiple parts, labeled in compliance with § 1.52(e)(5)(vi).
The MPEP also states: “In no situations should additional or complimentary electronic copies be delivered to examiners or other Office personnel.”
By following these guidelines, you ensure proper handling and processing of your “Sequence Listing XML” submission.
To learn more:
MPEP 2412.05(A) – Use Of Sequentially Numbered Sequence Identifiers In The "Sequence Listing Xml" (1)
According to MPEP 2412.05(a), intentionally skipped sequences must be included in the “Sequence Listing XML” and represented as follows:
- Use the element SequenceData and its attribute sequenceIDNumber, providing the sequence identifier of the skipped sequence as the value.
- Include the elements INSDSeq_length, INSDSeq_moltype, and INSDSeq_division, but with no value provided.
- Do not include the element INSDSeq_feature-table.
- Use the element INSDSeq_sequence with the string “000” as the value.
The MPEP states: “Where no sequence is present for a sequence identifier, i.e. an intentionally skipped sequence, ‘000’ must be used in place of a sequence.” This ensures that the total number of sequences in the listing matches the total number of sequence identifiers, maintaining consistency and completeness in the documentation.
To learn more:
MPEP 2413 – Content Of "Sequence Listing Xml" And Form And Format Of The "Sequence Listing Xml" File (1)
What are the requirements for INSDSeq_length in a Sequence Listing XML?
According to MPEP 2413, the INSDSeq_length element in a Sequence Listing XML has specific requirements:
- It must be a positive integer
- It represents the number of residues in the sequence
- For nucleotide sequences, it includes both nucleotides and nucleotide analogs
- For amino acid sequences, it includes amino acids, modified amino acids, and unknown amino acids
MPEP 2413 states: “The length of the sequence must be indicated by a positive integer expressing the number of residues.”
This element is crucial for accurately representing the size of each sequence in the Sequence Listing XML file.
To learn more:
MPEP 2413.01 – Parts Of The "Sequence Listing Xml" (4)
The element in a Sequence Listing XML is used to describe features of the sequence. Here’s how it’s structured and used:
- It contains one or more elements.
- Each element describes a specific feature of the sequence.
- Features can include biological significance, such as coding regions or mutation sites.
The MPEP 2413.01 states: “The contains one or more elements.” This table allows applicants to provide detailed information about specific regions or characteristics of the sequence, which is crucial for understanding its biological function and patentability.
To learn more:
The element in a Sequence Listing XML serves a specific purpose in identifying the type of molecule being described. Here’s how it functions:
- It specifies whether the sequence is DNA, RNA, or protein.
- This information is crucial for proper interpretation of the sequence data.
- It helps in determining the appropriate analysis methods and tools to be used.
The MPEP 2413.01 mentions the as one of the elements within the container. By clearly indicating the molecule type, this element ensures that patent examiners and other readers can correctly understand and evaluate the sequence information provided in the application.
To learn more:
The element in a Sequence Listing XML serves a specific purpose:
- It is used to provide additional sequence identifiers for a given sequence.
- This element can contain one or more sub-elements.
- Each sub-element represents an alternative identifier for the sequence.
According to MPEP 2413.01, “The contains one or more elements identifying alternative sequences.” This allows for flexibility in referencing sequences using different identification systems or nomenclatures.
To learn more:
The element in a Sequence Listing XML contains crucial information about the actual sequence. Here’s what it includes:
- The raw sequence data itself.
- It represents the order of nucleotides (for DNA/RNA) or amino acids (for proteins).
- The sequence is presented without spaces or numbers.
According to MPEP 2413.01, “The contains the raw sequence data.” This element is essential as it provides the core information about the biological sequence being disclosed in the patent application.
To learn more:
MPEP 2413.03 – How To Submit The "Sequence Listing Xml" (1)
When submitting a “Sequence Listing XML” on read-only optical discs, proper labeling and packaging are crucial. According to MPEP 2413.03, follow these guidelines:
- Marking: All read-only optical discs, fees, and accompanying papers should be marked “Mail Stop SEQUENCE.”
- Hand delivery: For hand delivery to the Customer Service Window, place the disc in a protective mailer labeled with at least the application number (if available).
- Labeling requirements: Adhere to the labeling requirements of 37 CFR 1.52(e) and 1.834(b)(2).
- Packaging: Use staples and clips carefully to attach the mailer to the submitted papers without contacting or compressing the media.
- Multiple discs: If a compressed XML file doesn’t fit on a single disc, it may be split into multiple parts, labeled in compliance with § 1.52(e)(5)(vi).
The MPEP also states: “In no situations should additional or complimentary electronic copies be delivered to examiners or other Office personnel.”
By following these guidelines, you ensure proper handling and processing of your “Sequence Listing XML” submission.
To learn more:
Patent Law (8)
According to MPEP 2412.05(a), intentionally skipped sequences must be included in the “Sequence Listing XML” and represented as follows:
- Use the element SequenceData and its attribute sequenceIDNumber, providing the sequence identifier of the skipped sequence as the value.
- Include the elements INSDSeq_length, INSDSeq_moltype, and INSDSeq_division, but with no value provided.
- Do not include the element INSDSeq_feature-table.
- Use the element INSDSeq_sequence with the string “000” as the value.
The MPEP states: “Where no sequence is present for a sequence identifier, i.e. an intentionally skipped sequence, ‘000’ must be used in place of a sequence.” This ensures that the total number of sequences in the listing matches the total number of sequence identifiers, maintaining consistency and completeness in the documentation.
To learn more:
The element in a Sequence Listing XML is used to describe features of the sequence. Here’s how it’s structured and used:
- It contains one or more elements.
- Each element describes a specific feature of the sequence.
- Features can include biological significance, such as coding regions or mutation sites.
The MPEP 2413.01 states: “The contains one or more elements.” This table allows applicants to provide detailed information about specific regions or characteristics of the sequence, which is crucial for understanding its biological function and patentability.
To learn more:
What are the requirements for INSDSeq_length in a Sequence Listing XML?
According to MPEP 2413, the INSDSeq_length element in a Sequence Listing XML has specific requirements:
- It must be a positive integer
- It represents the number of residues in the sequence
- For nucleotide sequences, it includes both nucleotides and nucleotide analogs
- For amino acid sequences, it includes amino acids, modified amino acids, and unknown amino acids
MPEP 2413 states: “The length of the sequence must be indicated by a positive integer expressing the number of residues.”
This element is crucial for accurately representing the size of each sequence in the Sequence Listing XML file.
To learn more:
The element in a Sequence Listing XML serves a specific purpose in identifying the type of molecule being described. Here’s how it functions:
- It specifies whether the sequence is DNA, RNA, or protein.
- This information is crucial for proper interpretation of the sequence data.
- It helps in determining the appropriate analysis methods and tools to be used.
The MPEP 2413.01 mentions the as one of the elements within the container. By clearly indicating the molecule type, this element ensures that patent examiners and other readers can correctly understand and evaluate the sequence information provided in the application.
To learn more:
The element in a Sequence Listing XML serves a specific purpose:
- It is used to provide additional sequence identifiers for a given sequence.
- This element can contain one or more sub-elements.
- Each sub-element represents an alternative identifier for the sequence.
According to MPEP 2413.01, “The contains one or more elements identifying alternative sequences.” This allows for flexibility in referencing sequences using different identification systems or nomenclatures.
To learn more:
The element in a Sequence Listing XML contains crucial information about the actual sequence. Here’s what it includes:
- The raw sequence data itself.
- It represents the order of nucleotides (for DNA/RNA) or amino acids (for proteins).
- The sequence is presented without spaces or numbers.
According to MPEP 2413.01, “The contains the raw sequence data.” This element is essential as it provides the core information about the biological sequence being disclosed in the patent application.
To learn more:
When submitting a “Sequence Listing XML” in response to a notice from the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), applicants are required to pay a late furnishing fee. According to MPEP 2414.05:
“In response to such a requirement, the late furnishing fee set forth in § 1.445(a)(5) is also required.”
This fee is in addition to the submission of the “Sequence Listing XML” and a statement that the information does not go beyond the original disclosure. The specific amount of the fee can be found in 37 CFR 1.445(a)(5) and is subject to change, so applicants should consult the current fee schedule on the USPTO website.
To learn more:
When submitting a “Sequence Listing XML” on read-only optical discs, proper labeling and packaging are crucial. According to MPEP 2413.03, follow these guidelines:
- Marking: All read-only optical discs, fees, and accompanying papers should be marked “Mail Stop SEQUENCE.”
- Hand delivery: For hand delivery to the Customer Service Window, place the disc in a protective mailer labeled with at least the application number (if available).
- Labeling requirements: Adhere to the labeling requirements of 37 CFR 1.52(e) and 1.834(b)(2).
- Packaging: Use staples and clips carefully to attach the mailer to the submitted papers without contacting or compressing the media.
- Multiple discs: If a compressed XML file doesn’t fit on a single disc, it may be split into multiple parts, labeled in compliance with § 1.52(e)(5)(vi).
The MPEP also states: “In no situations should additional or complimentary electronic copies be delivered to examiners or other Office personnel.”
By following these guidelines, you ensure proper handling and processing of your “Sequence Listing XML” submission.
To learn more:
Patent Procedure (8)
According to MPEP 2412.05(a), intentionally skipped sequences must be included in the “Sequence Listing XML” and represented as follows:
- Use the element SequenceData and its attribute sequenceIDNumber, providing the sequence identifier of the skipped sequence as the value.
- Include the elements INSDSeq_length, INSDSeq_moltype, and INSDSeq_division, but with no value provided.
- Do not include the element INSDSeq_feature-table.
- Use the element INSDSeq_sequence with the string “000” as the value.
The MPEP states: “Where no sequence is present for a sequence identifier, i.e. an intentionally skipped sequence, ‘000’ must be used in place of a sequence.” This ensures that the total number of sequences in the listing matches the total number of sequence identifiers, maintaining consistency and completeness in the documentation.
To learn more:
The element in a Sequence Listing XML is used to describe features of the sequence. Here’s how it’s structured and used:
- It contains one or more elements.
- Each element describes a specific feature of the sequence.
- Features can include biological significance, such as coding regions or mutation sites.
The MPEP 2413.01 states: “The contains one or more elements.” This table allows applicants to provide detailed information about specific regions or characteristics of the sequence, which is crucial for understanding its biological function and patentability.
To learn more:
What are the requirements for INSDSeq_length in a Sequence Listing XML?
According to MPEP 2413, the INSDSeq_length element in a Sequence Listing XML has specific requirements:
- It must be a positive integer
- It represents the number of residues in the sequence
- For nucleotide sequences, it includes both nucleotides and nucleotide analogs
- For amino acid sequences, it includes amino acids, modified amino acids, and unknown amino acids
MPEP 2413 states: “The length of the sequence must be indicated by a positive integer expressing the number of residues.”
This element is crucial for accurately representing the size of each sequence in the Sequence Listing XML file.
To learn more:
The element in a Sequence Listing XML serves a specific purpose in identifying the type of molecule being described. Here’s how it functions:
- It specifies whether the sequence is DNA, RNA, or protein.
- This information is crucial for proper interpretation of the sequence data.
- It helps in determining the appropriate analysis methods and tools to be used.
The MPEP 2413.01 mentions the as one of the elements within the container. By clearly indicating the molecule type, this element ensures that patent examiners and other readers can correctly understand and evaluate the sequence information provided in the application.
To learn more:
The element in a Sequence Listing XML serves a specific purpose:
- It is used to provide additional sequence identifiers for a given sequence.
- This element can contain one or more sub-elements.
- Each sub-element represents an alternative identifier for the sequence.
According to MPEP 2413.01, “The contains one or more elements identifying alternative sequences.” This allows for flexibility in referencing sequences using different identification systems or nomenclatures.
To learn more:
The element in a Sequence Listing XML contains crucial information about the actual sequence. Here’s what it includes:
- The raw sequence data itself.
- It represents the order of nucleotides (for DNA/RNA) or amino acids (for proteins).
- The sequence is presented without spaces or numbers.
According to MPEP 2413.01, “The contains the raw sequence data.” This element is essential as it provides the core information about the biological sequence being disclosed in the patent application.
To learn more:
When submitting a “Sequence Listing XML” in response to a notice from the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), applicants are required to pay a late furnishing fee. According to MPEP 2414.05:
“In response to such a requirement, the late furnishing fee set forth in § 1.445(a)(5) is also required.”
This fee is in addition to the submission of the “Sequence Listing XML” and a statement that the information does not go beyond the original disclosure. The specific amount of the fee can be found in 37 CFR 1.445(a)(5) and is subject to change, so applicants should consult the current fee schedule on the USPTO website.
To learn more:
When submitting a “Sequence Listing XML” on read-only optical discs, proper labeling and packaging are crucial. According to MPEP 2413.03, follow these guidelines:
- Marking: All read-only optical discs, fees, and accompanying papers should be marked “Mail Stop SEQUENCE.”
- Hand delivery: For hand delivery to the Customer Service Window, place the disc in a protective mailer labeled with at least the application number (if available).
- Labeling requirements: Adhere to the labeling requirements of 37 CFR 1.52(e) and 1.834(b)(2).
- Packaging: Use staples and clips carefully to attach the mailer to the submitted papers without contacting or compressing the media.
- Multiple discs: If a compressed XML file doesn’t fit on a single disc, it may be split into multiple parts, labeled in compliance with § 1.52(e)(5)(vi).
The MPEP also states: “In no situations should additional or complimentary electronic copies be delivered to examiners or other Office personnel.”
By following these guidelines, you ensure proper handling and processing of your “Sequence Listing XML” submission.
To learn more: