What is the significance of the “no new matter” statement for sequence listing corrections?
The “no new matter” statement is crucial when submitting corrected sequence listings, as mentioned in MPEP 2422.07. Here’s why it’s significant: It ensures that the corrections to the sequence listing do not introduce new subject matter into the application. New matter is prohibited in patent applications after the filing date, as it could potentially extend…
Read MoreWhat is the significance of the dtdVersion attribute in a Sequence Listing XML?
The dtdVersion attribute is a mandatory element in the root element of a Sequence Listing XML. According to the MPEP, which cites WIPO Standard ST.26, paragraph 43, this attribute represents the “Version of the DTD used to create this file in the format ‘V#_#’, e.g., ‘V1_3’.” The significance of the dtdVersion attribute lies in its…
Read MoreHow can an applicant show that a biological material is known and readily available?
An applicant can demonstrate that a biological material is known and readily available through various means. According to MPEP 2404.01, some factors that may serve as evidence include: Commercial availability References to the biological material in printed publications Declarations of accessibility by those working in the field Evidence of predictable isolation techniques An existing deposit…
Read MoreWhat types of sequences must be included in a Sequence Listing XML?
According to MPEP 2412.02, a Sequence Listing XML must include nucleotide and/or amino acid sequences that are disclosed by enumeration of their residues in patent applications. The MPEP cites 37 CFR 1.831(a), which states: “Patent applications disclosing nucleotide and/or amino acid sequences by enumeration of their residues, as defined in paragraph (b) of this section,…
Read MoreCan sequences be presented in drawing figures of a patent application?
Yes, sequences can be presented in drawing figures of a patent application, but there are specific guidelines to follow: According to 37 CFR 1.83(a), sequences included in sequence listings should not be duplicated in the drawings. However, the MPEP recognizes that “many significant sequence characteristics may only be demonstrated by a figure.” Examples of such…
Read MoreWhat sequences must be included in a “Sequence Listing XML”?
According to MPEP 2412.03, the following sequences must be included in a “Sequence Listing XML”: Unbranched sequences or linear regions of branched sequences containing 4 or more specifically defined amino acids forming a single peptide backbone Unbranched sequences or linear regions of branched sequences of 10 or more specifically defined nucleotides joined by phosphodiester linkages…
Read MoreCan sequences be presented only in drawing figures without a sequence listing?
No, sequences cannot be presented only in drawing figures without a corresponding sequence listing. MPEP 2422.02 clearly states: “Where a sequence is presented in a drawing, the sequence must still be included in the sequence listing if the sequence falls within the definition set forth in 37 CFR 1.821(a), and the sequence identifier (“SEQ ID…
Read MoreWhat sequences are excluded from a Sequence Listing XML?
According to MPEP 2412.03, certain sequences must be excluded from a Sequence Listing XML: Sequences having fewer than 10 specifically defined nucleotides Sequences having fewer than 4 specifically defined amino acids The MPEP cites 37 CFR 1.831(j), which states: A “Sequence listing XML” must not include any sequences having fewer than 10 specifically defined nucleotides,…
Read MoreWhat types of sequences are covered by the Sequence Rules?
The Sequence Rules apply to certain types of nucleotide and amino acid sequences disclosed in patent applications. According to MPEP 2412.01, the rules cover “certain nucleotide and/or amino acid sequences disclosed in patent applications.” The specific definition of which sequences are covered is provided in 37 CFR 1.831(b). Generally, this includes sequences of a specified…
Read MoreWhat are the requirements for representing sequence variants in a “Sequence Listing XML”?
According to MPEP 2412.05(c), there are specific requirements for representing sequence variants in a “Sequence Listing XML”: Each primary sequence and its variants must be included separately and assigned unique sequence identifiers. Variants disclosed as a single sequence with enumerated alternative residues should be represented using the most restrictive ambiguity symbol. Variants disclosed only by…
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