How does WIPO Standard ST.26 define “unknown” or “other” nucleotides and amino acids?
MPEP 2412.03(a) refers to WIPO Standard ST.26, which defines “unknown” or “other” nucleotides and amino acids using specific symbols: For nucleotides, the symbol “n” represents “unknown” or “other” For amino acids, the symbol “X” represents “unknown” or “other” The MPEP provides tables for both nucleotide and amino acid symbols, stating: n a or c or…
Read MoreHow should unknown amino acids be represented in sequence listings?
How should unknown amino acids be represented in sequence listings? The MPEP 2412.05 provides specific guidance on representing unknown amino acids in sequence listings: “The symbol “Xaa” must be used to represent an unknown or other amino acid.” This means that whenever an amino acid in a sequence is unknown or cannot be confidently identified,…
Read MoreHow should unknown amino acids be represented in a sequence listing?
The MPEP 2412.05(d) provides guidance on representing unknown amino acids in sequence listings: Use the symbol ‘X’ to represent unknown amino acids Provide further description in a feature table Use the feature key “UNSURE” and optionally the qualifier “note” The MPEP states, “Any “unknown” amino acid must be represented by the symbol “X” in the…
Read MoreHow is unity of invention assessed for nucleotide sequences in international patent applications?
For international patent applications filed under the Patent Cooperation Treaty (PCT) and national stage applications filed under 35 U.S.C. 371, the assessment of unity of invention for nucleotide sequences follows specific guidelines. MPEP 2434 directs examiners to: “See MPEP ยง 1850 for treatment of claims containing nucleotide sequences that lack unity of invention in international…
Read MoreWhat constitutes ‘undue experimentation’ in the context of biological material deposits?
‘Undue experimentation’ in the context of biological material deposits refers to procedures that require excessive effort or resources beyond what is considered routine in the field. According to MPEP 2404.02: “Deposits may be required to support the claims if an isolation procedure requires undue experimentation to obtain the desired biological material.” This means that if…
Read MoreHow should unbranched nucleotide sequences be presented in patent applications?
How should unbranched nucleotide sequences be presented in patent applications? According to MPEP 2421.02, unbranched nucleotide sequences in patent applications must be presented as follows: They must be listed using a single letter code for nucleotide bases. Sequences with 10 or more nucleotides must be represented in the sequence listing. Each sequence must be assigned…
Read MoreWhat happens if a biological deposit referenced in a patent application becomes unavailable?
If a biological deposit referenced in a patent application becomes unavailable, the examiner will treat the application as if no deposit existed. According to MPEP 2407.01: “When the Office is so informed or otherwise becomes aware that samples of the deposited material cannot be furnished by the depository, the examiner will treat the application as…
Read MoreWhat types of biological materials can be deposited for patent applications?
Various types of biological materials can be deposited for patent applications. According to MPEP 2403, these may include: “Biological material includes material that is capable of self-replication either directly or indirectly. Representative examples include bacteria, fungi including yeast, algae, protozoa, eukaryotic cells, cell lines, hybridomas, plasmids, viruses, plant tissue cells, lichens and seeds.” This list…
Read MoreWhat statement must be included in the transmittal letter for sequence listing submissions on compact disc?
When submitting a sequence listing on compact disc, a specific statement must be included in the transmittal letter. According to MPEP 2422.03: “A statement that the content of the compact disc is duplicative of the written sequence listing, if such a written sequence listing is filed with the application, must be included in the transmittal…
Read MoreWhat are the requirements for submitting a translated “Sequence Listing XML”?
When submitting a translated “Sequence Listing XML”, the following requirements apply: The translation must comply with 37 CFR 1.831 through 1.834. The translated “Sequence Listing XML” should contain English versions of any previously non-English language-dependent free text elements. Updated values for attributes in the root element (37 CFR 1.833(b)(2)(iii)) or elements of the general information…
Read More