Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 2400 – Biotechnology (2)
For patent applications filed on or after January 1, 2022, the USPTO has specific procedures for handling defective sequence listings. According to MPEP 2422.07:
“Applications filed on or after January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be accepted and the defective sequence listing will be treated in accordance with 37 CFR 1.52(e)(8).”
This means:
- The application will be accepted for filing.
- The applicant will be notified of the defective sequence listing.
- The applicant will be given a period of time to correct the defective sequence listing.
- If the defect is not corrected within the specified time, the application may be held abandoned.
It’s important to note that this procedure differs from that for applications filed before January 1, 2022, which were subject to different rules regarding sequence listing defects.
To learn more:
Under the new Sequence Rules, patent applicants must submit sequence listings in a specific format. MPEP 2412.01 states that “an applicant is required to submit sequence data… in eXtensible Markup Language (XML) format.”
This XML file must conform to the requirements specified in 37 CFR 1.831 – 1.834, which in turn reference particular paragraphs of WIPO Standard ST.26. The use of XML format ensures standardization and machine-readability of sequence data across different patent offices worldwide.
To learn more:
MPEP 2412.01 – Overview Of The Sequence Rules (1)
Under the new Sequence Rules, patent applicants must submit sequence listings in a specific format. MPEP 2412.01 states that “an applicant is required to submit sequence data… in eXtensible Markup Language (XML) format.”
This XML file must conform to the requirements specified in 37 CFR 1.831 – 1.834, which in turn reference particular paragraphs of WIPO Standard ST.26. The use of XML format ensures standardization and machine-readability of sequence data across different patent offices worldwide.
To learn more:
MPEP 2422.07 – Requirements For Compliance And Consequences Of Non – Compliance (1)
For patent applications filed on or after January 1, 2022, the USPTO has specific procedures for handling defective sequence listings. According to MPEP 2422.07:
“Applications filed on or after January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be accepted and the defective sequence listing will be treated in accordance with 37 CFR 1.52(e)(8).”
This means:
- The application will be accepted for filing.
- The applicant will be notified of the defective sequence listing.
- The applicant will be given a period of time to correct the defective sequence listing.
- If the defect is not corrected within the specified time, the application may be held abandoned.
It’s important to note that this procedure differs from that for applications filed before January 1, 2022, which were subject to different rules regarding sequence listing defects.
To learn more:
Patent Law (3)
No, sequence listings or tables should not be duplicated in both the drawings and the specification of a patent application. The MPEP 608.02(d) clearly states:
If an application filed under 35 U.S.C. 111 or under 35 U.S.C. 371 includes a sequence listing or a table, such a sequence listing or table should not be included in both the drawings and the descriptive portion of the specification.
This requirement helps to avoid redundancy and potential inconsistencies between the drawings and the specification. Applicants should include sequence listings and tables in the appropriate sections of the specification only.
To learn more:
For patent applications filed on or after January 1, 2022, the USPTO has specific procedures for handling defective sequence listings. According to MPEP 2422.07:
“Applications filed on or after January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be accepted and the defective sequence listing will be treated in accordance with 37 CFR 1.52(e)(8).”
This means:
- The application will be accepted for filing.
- The applicant will be notified of the defective sequence listing.
- The applicant will be given a period of time to correct the defective sequence listing.
- If the defect is not corrected within the specified time, the application may be held abandoned.
It’s important to note that this procedure differs from that for applications filed before January 1, 2022, which were subject to different rules regarding sequence listing defects.
To learn more:
Under the new Sequence Rules, patent applicants must submit sequence listings in a specific format. MPEP 2412.01 states that “an applicant is required to submit sequence data… in eXtensible Markup Language (XML) format.”
This XML file must conform to the requirements specified in 37 CFR 1.831 – 1.834, which in turn reference particular paragraphs of WIPO Standard ST.26. The use of XML format ensures standardization and machine-readability of sequence data across different patent offices worldwide.
To learn more:
Patent Procedure (3)
No, sequence listings or tables should not be duplicated in both the drawings and the specification of a patent application. The MPEP 608.02(d) clearly states:
If an application filed under 35 U.S.C. 111 or under 35 U.S.C. 371 includes a sequence listing or a table, such a sequence listing or table should not be included in both the drawings and the descriptive portion of the specification.
This requirement helps to avoid redundancy and potential inconsistencies between the drawings and the specification. Applicants should include sequence listings and tables in the appropriate sections of the specification only.
To learn more:
For patent applications filed on or after January 1, 2022, the USPTO has specific procedures for handling defective sequence listings. According to MPEP 2422.07:
“Applications filed on or after January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be accepted and the defective sequence listing will be treated in accordance with 37 CFR 1.52(e)(8).”
This means:
- The application will be accepted for filing.
- The applicant will be notified of the defective sequence listing.
- The applicant will be given a period of time to correct the defective sequence listing.
- If the defect is not corrected within the specified time, the application may be held abandoned.
It’s important to note that this procedure differs from that for applications filed before January 1, 2022, which were subject to different rules regarding sequence listing defects.
To learn more:
Under the new Sequence Rules, patent applicants must submit sequence listings in a specific format. MPEP 2412.01 states that “an applicant is required to submit sequence data… in eXtensible Markup Language (XML) format.”
This XML file must conform to the requirements specified in 37 CFR 1.831 – 1.834, which in turn reference particular paragraphs of WIPO Standard ST.26. The use of XML format ensures standardization and machine-readability of sequence data across different patent offices worldwide.
To learn more: