Can supplemental restriction requirements be issued for applications containing nucleotide sequences?
Generally, supplemental restriction requirements are not issued for applications that have already received an action on their merits, unless there are extenuating circumstances. MPEP 2434 states: “Note, however, that supplemental restriction requirements will not be advanced in applications that have already received an action on their merits in the absence of extenuating circumstances.” This guideline…
Read MoreWhat are the requirements for a supplemental deposit in patent applications?
Supplemental deposits in patent applications must meet specific requirements as outlined in MPEP 2407. These include: The supplemental deposit must be made before the patent issues. It must be of a biological material specifically identified in the application as filed. The applicant must provide a statement that the deposit meets the requirements of 37 CFR…
Read MoreHow does “supplement” differ from “replacement” in biological deposits?
While “replacement” involves substituting one deposit for another, “supplement” refers to situations where the original deposit is still viable but has lost certain qualities. The MPEP explains: “The term ‘supplement’ is directed to those situations where the earlier deposit is still viable in the sense that it is alive and capable of replication either directly…
Read MoreHow can I submit a “Sequence Listing XML” file to the USPTO?
There are two methods for submitting a “Sequence Listing XML” file to the USPTO: Via the USPTO patent electronic filing system (currently, XML files can only be submitted via Patent Center) On a read-only optical disc, in compliance with 37 CFR 1.52(e) It’s important to note that if the size of the “Sequence Listing XML”…
Read MoreHow should the Sequence Listing XML be submitted in a patent application?
MPEP 2415 states that the Sequence Listing XML should be submitted “as a separate part of the specification.” This means it should be a distinct section within the patent application, separate from other parts of the disclosure. The Sequence Listing XML must conform to the requirements set forth in 37 CFR 1.831(a), which defines the…
Read MoreHow do I submit a Sequence Listing XML file for a national stage application?
How do I submit a Sequence Listing XML file for a national stage application? For national stage applications, you can submit the Sequence Listing XML file in one of two ways: With the initial submission: Include the Sequence Listing XML file with your initial submission documents. After the initial submission: Submit the Sequence Listing XML…
Read MoreHow can I submit a replacement “Sequence Listing XML” file to the USPTO?
There are two methods for submitting a replacement “Sequence Listing XML” file to the USPTO: Via the USPTO patent electronic filing system (Patent Center) On a read-only optical disc, if the file size exceeds the upload limit of Patent Center According to MPEP 2414.03: A compliant replacement “Sequence Listing XML” submitted as an XML file…
Read MoreHow can I submit a Computer Readable Form (CRF) of a Sequence Listing?
According to MPEP 2421.01, there are two main ways to submit a Computer Readable Form (CRF) of a Sequence Listing: On a read-only optical disc As an ASCII plain text file via the Office patent electronic filing system The MPEP states: The CRF may be submitted on read-only optical disc or may be submitted as…
Read MoreWhat are the standard nucleotides not considered as “Modified Nucleotides” according to MPEP 2412.03(e)?
MPEP 2412.03(e) provides a list of standard nucleotides that are not considered “Modified Nucleotides”. These are: deoxyadenosine 3′-monophosphate deoxyguanosine 3′-monophosphate deoxycytidine 3′-monophosphate deoxythymidine 3′-monophosphate adenosine 3′-monophosphate guanosine 3′-monophosphate cytidine 3′-monophosphate uridine 3′-monophosphate These nucleotides represent the standard DNA (first four) and RNA (last four) building blocks. Any nucleotide that is not one of these standard…
Read MoreHow does the MPEP define standard amino acids?
While the MPEP doesn’t directly define standard amino acids, it indirectly provides this information by referencing WIPO Standard ST.26. According to MPEP 2412.03(c): WIPO Standard ST.26, paragraph 3(e), identifies “modified amino acid” to mean any amino acid as described in the definition of “amino acid”, other than L-alanine, L-arginine, L-asparagine, L-aspartic acid, L-cysteine, L-glutamine, L-glutamic…
Read More