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What are the submission options for ASCII plain text sequence listings to the USPTO?

By russ.krajec@blueironip.com | September 30, 2024

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…

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What are the size restrictions for ASCII plain text files submitted via the USPTO patent electronic filing system?

By russ.krajec@blueironip.com | September 30, 2024

The USPTO has specific size restrictions for ASCII plain text files submitted via their patent electronic filing system: The size limit for “Sequence Listing” ASCII plain text files is 100 megabytes. Compression is not allowed for “Sequence Listing” files submitted via the USPTO patent electronic filing system. For “Large Tables” and “Computer Program Listing Appendix”…

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What is the recommended format for submitting a “Sequence Listing” in a patent application?

By russ.krajec@blueironip.com | September 30, 2024

The USPTO recommends submitting a “Sequence Listing” as an ASCII plain text file via the USPTO patent electronic filing system rather than as a PDF image file. This is because: If submitted as an ASCII plain text file in compliance with 37 CFR 1.824, it will serve as both the “Sequence Listing” under 37 CFR…

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What are the requirements for submitting a “Sequence Listing” on read-only optical discs?

By russ.krajec@blueironip.com | September 30, 2024

When submitting a “Sequence Listing” on read-only optical discs, the following requirements must be met: The “Sequence Listing” must be a single file, unless it is a compressed file that does not fit on a single read-only optical disc. If split across multiple discs, each disc must be labeled with specific information, including the first-named…

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What are the requirements for submitting a “Sequence Listing” in an international application (PCT) via the USPTO patent electronic filing system?

By russ.krajec@blueironip.com | September 30, 2024

When submitting a “Sequence Listing” in an international application (PCT) via the USPTO patent electronic filing system, there are specific requirements and recommendations: It is highly recommended to submit the sequence listing as a single ASCII plain text file with a “.txt” extension on the international filing date. The size limit for submitting a sequence…

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What is the checker software for “Sequence Listings” and where can I find it?

By russ.krajec@blueironip.com | September 30, 2024

The USPTO provides checker software to help ensure that “Sequence Listings” comply with the requirements of 37 CFR 1.824. Here are the key points about the checker software: It is available on the USPTO website. The software can be used to check a “Sequence Listing” for compliance with 37 CFR 1.824 requirements. User Notes on…

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How should ASCII plain text sequence listings be prepared for submission to the USPTO?

By russ.krajec@blueironip.com | September 30, 2024

When preparing ASCII plain text sequence listings for submission to the USPTO, follow these guidelines from MPEP 2422.03(a): Use a fixed width font (e.g., Courier) in a text editor. Set line length to 60-72 characters. Begin each line in the sequence listing with a 1 or greater positive integer. Use the symbols set forth in…

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What should I do if my “Sequence Listing” ASCII plain text file exceeds the 100 megabyte size limit for USPTO electronic filing?

By russ.krajec@blueironip.com | September 30, 2024

If your “Sequence Listing” ASCII plain text file exceeds the 100 megabyte size limit for USPTO electronic filing, you have the following options: File the application without the “Sequence Listing” using the USPTO patent electronic filing system to obtain the application number and confirmation number. Then, file the “Sequence Listing” on read-only optical disc(s) on…

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How are mega-sequence listings (300 MB or over) handled in international applications and national stage entries?

By russ.krajec@blueironip.com | September 30, 2024

The handling of mega-sequence listings (300 MB or over) differs between international applications and national stage entries: In international applications (PCT), submissions of mega-sequence listings are not subject to the mega-sequence listing submission fees set forth in 37 CFR 1.21(o). However, for national stage applications under 35 U.S.C. 371, the fee under 37 CFR 1.21(o)…

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How should ASCII plain text sequence listings be incorporated into patent applications?

By russ.krajec@blueironip.com | September 29, 2024

How should ASCII plain text sequence listings be incorporated into patent applications? ASCII plain text sequence listings must be properly incorporated into patent applications according to specific USPTO guidelines. The MPEP 2422.03(a) states: “The ASCII plain text file containing the ‘Sequence Listing’ (…) must be incorporated by reference into the application.“ To correctly incorporate the…

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