What is the viability requirement for biological material deposits in patent applications?
According to MPEP 2409, the viability requirement for biological material deposits is essentially a requirement that the deposited material is capable of reproduction. This is outlined in 37 CFR 1.807(a), which states: “A deposit of biological material that is capable of self-replication either directly or indirectly must be viable at the time of deposit and…
Read MoreHow does the USPTO use the computer readable form (CRF) of the “Sequence Listing”?
The USPTO uses the computer readable form (CRF) of the “Sequence Listing” for several important purposes, as outlined in the MPEP: The information on the computer readable form will be entered into the Office’s database for searching and printing nucleotide and amino acid sequences. This electronic database will also enable the Office to provide published…
Read MoreHow does the USPTO treat replacement deposits?
The United States Patent and Trademark Office (USPTO) applies a rebuttable presumption of identity between the replacement deposit and the original deposit. This treatment is outlined in MPEP 2407.04, which states: “37 CFR 1.805(e) indicates that the Office will apply a rebuttable presumption of identity between the replacement deposit and an original deposit where a…
Read MoreWhat is the difference in USPTO treatment of defective sequence listings for applications filed before and after January 1, 2022?
The USPTO’s treatment of defective sequence listings differs significantly for applications filed before and after January 1, 2022. MPEP 2422.07 outlines these differences: For applications filed before January 1, 2022: “Applications filed before January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be treated as incomplete applications under 35 U.S.C.…
Read MoreWhat are the submission options for ASCII plain text sequence listings to the USPTO?
According to MPEP 2422.03(a), there are several options for submitting ASCII plain text sequence listings to the USPTO: Via EFS-Web (now Patent Center) as a text file. On a compact disc (CD) or Digital Video Disc (DVD). As part of a patent application filing via EFS-Web. The MPEP states: “ASCII plain text files are permitted…
Read MoreHow do the Sequence Rules relate to WIPO Standard ST.26?
The USPTO Sequence Rules are closely aligned with the World Intellectual Property Organization (WIPO) Standard ST.26. MPEP 2412.01 states that the XML file of the sequence information must conform to requirements that “specify requirements of particular paragraphs of WIPO Standard ST.26.” WIPO Standard ST.26 is an international standard for the presentation of nucleotide and amino…
Read MoreWhen did the USPTO start requiring Sequence Listing XML for patent applications?
The USPTO began requiring Sequence Listing XML for certain patent applications on July 1, 2022. As stated in MPEP 2419: “[Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]” This requirement applies to patent…
Read MoreWhen did the USPTO implement the Sequence Listing XML requirement?
The USPTO implemented the Sequence Listing XML requirement for patent applications filed on or after July 1, 2022. This is clearly stated in the editor’s note of MPEP 2419.01: “[Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined…
Read MoreHow does the USPTO process Sequence Listing XML files?
The USPTO uses the Sequence Listing Information Control (SLIC) system to process “Sequence Listing XML” files. As stated in MPEP 2419: “At the USPTO, the Sequence Listing Information Control (SLIC) system will be responsible for processing of a ‘Sequence Listing XML’ and exporting the sequence data for publication and grant.” This system ensures that the…
Read MoreWhat are the size limits for Sequence Listing submissions via the USPTO patent electronic filing system?
The USPTO has established size limits for Sequence Listing submissions via their patent electronic filing system: The maximum file size for Sequence Listing and CRF text files is 100 megabytes. Files submitted electronically cannot be compressed. If a Sequence Listing or CRF text file exceeds 100 megabytes, it must be filed on read-only optical disc(s).…
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