What are the format options for submitting a “Sequence Listing” to the USPTO?
The USPTO provides multiple format options for submitting a “Sequence Listing” as part of a patent application. These options include: As an ASCII plain text file via the USPTO patent electronic filing system On a read-only optical disc As a PDF image file via the USPTO patent electronic filing system On physical sheets of paper…
Read MoreWhat changes have been made to the “Sequence Listing” requirements for applications filed on or after July 1, 2022?
For patent applications filed on or after July 1, 2022, there have been significant changes to the “Sequence Listing” requirements. The MPEP section 2424.01 includes an important editor’s note: “[Editor Note: This section is not applicable to applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined…
Read MoreAre international patent applications required to incorporate “Sequence Listings” by reference?
No, international patent applications during the international stage are exempt from the requirement to incorporate “Sequence Listings” by reference. This exemption is specifically stated in 37 CFR 1.823(b)(2): “37 CFR 1.823(b)(2) specifically exempts international applications during the international stage from the incorporation by reference requirement in 37 CFR 1.823(b)(1).“ This means that while domestic U.S.…
Read MoreHow should a “Sequence Listing” be incorporated by reference in a patent application?
For patent applications other than international applications in the international stage, the “Sequence Listing” must be incorporated by reference in the specification. According to 37 CFR 1.823(b)(1): “37 CFR 1.823(b)(1) sets forth a requirement for applications, other than an international application in the international stage, to contain, in the specification of the patent application, an…
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