When is it appropriate to include sequences in patent drawings?
While sequences should generally be included in the Sequence Listing XML rather than duplicated in drawings, there are several situations where including sequences in patent drawings may be appropriate or necessary. According to MPEP 2412.06: “Many significant sequence characteristics may only be demonstrated by a figure. This is especially true in view of the fact…
Read MoreWhat are the requirements for presenting sequences in patent applications?
For patent applications filed on or after July 1, 2022, that disclose nucleic acid and/or amino acid sequences falling within the definition in 37 CFR 1.831(b), there are specific requirements for presenting these sequences. According to MPEP 2412.06: “37 CFR 1.831(a) requires conformance to the requirements of 37 CFR 1.832 through 37 CFR 1.834 with…
Read MoreShould sequences be duplicated in both the Sequence Listing XML and drawings?
Generally, sequences included in the Sequence Listing XML should not be duplicated in the drawings. The MPEP 2412.06 states: “Pursuant to 37 CFR 1.83(a), sequences that are included in the “Sequence Listing XML” should not be duplicated in the drawings.” However, there are exceptions where including sequences in drawings may be necessary or beneficial: To…
Read MoreWhat is required when a sequence is presented in a patent drawing?
When a sequence is presented in a patent drawing, there are specific requirements that must be followed. According to MPEP 2412.06: “When a sequence is presented in a drawing, the sequence must still be included in the ‘Sequence Listing XML’ if the sequence falls within the definition set forth in 37 CFR 1.831(b), and a…
Read MoreWhat is the purpose of the exclusive conformance requirement for sequence presentation?
The exclusive conformance requirement for sequence presentation in patent applications serves a specific purpose. According to MPEP 2412.06: “This requirement is necessary to minimize any confusion that could result if more than one format for representing sequence data was employed in a given application.” By enforcing a standardized format for sequence representation, the USPTO aims…
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