What regulations govern the content of a Sequence Listing XML?
The content of a Sequence Listing XML is governed by specific regulations to ensure consistency and uniformity. According to MPEP 2413, “37 CFR 1.833 defines the content of the ‘Sequence Listing XML.’” This regulation specifies what information must be included in the Sequence Listing XML and how it should be structured. Applicants must adhere to…
Read MoreAre provisional applications required to comply with sequence listing requirements?
According to MPEP 2422.07, provisional applications are not required to comply with sequence listing requirements: “Provisional applications filed under 35 U.S.C. 111(b) need not comply with 37 CFR 1.821 through 1.825, however, applicants are encouraged to file a “Sequence Listing” as defined in 37 CFR 1.821(c) for ease of identification of the sequence information contained…
Read MoreWhat are the requirements for representing nucleotide and amino acid sequences in a “Sequence Listing”?
According to MPEP 2423.01, the requirements for representing nucleotide and amino acid sequences in a “Sequence Listing” are as follows: The symbols for nucleotide and amino acid characters must be those set forth in Appendices A and C to Subpart G of Part 1 of the CFR. No other symbols shall be used in nucleotide…
Read MoreWhat are “Sequence Listing” Numeric Identifiers in patent applications?
“Sequence Listing” Numeric Identifiers are specific codes used to organize and present information in the “Sequence Listing” section of patent applications involving nucleotide and/or amino acid sequences. According to MPEP 2424.02, “37 CFR 1.823(a) sets forth the order and presentation of the items of information in the “Sequence Listing”. Each item of information in the…
Read MoreHow do filing requirements for sequence listings differ between national and international applications?
Filing requirements for sequence listings can vary between national US applications, foreign applications, and international applications. MPEP 2422 highlights some key differences: For international applications filed in paper, the sequence listing part must also be provided in paper. A copy of the sequence listing in ASCII plain text must be filed on read-only optical disc…
Read MoreWho can make the required statement regarding the “Sequence Listing” and CRF?
The required statement regarding the information contained in the “Sequence Listing” and the separate Computer Readable Form (CRF) can be made by specific individuals. According to MPEP 2422.06: “Such a statement may be made by a registered practitioner, the applicant, an inventor, or the person who actually compares the sequence data on behalf of the…
Read MoreWhat is the requirement for submitting a separate computer readable form (CRF) of a “Sequence Listing”?
When a separate computer readable form (CRF) of a “Sequence Listing” is submitted in certain patent applications, a statement regarding the information contained in the “Sequence Listing” and the separate CRF is required. Specifically: For applications filed under 35 U.S.C. 111(a) or national stage applications submitted under 35 U.S.C. 371, where the “Sequence Listing” is…
Read MoreAre there exceptions to the requirement for submitting a separate CRF and statement?
Yes, there are exceptions to the requirement for submitting a separate Computer Readable Form (CRF) and the associated statement. According to MPEP 2422.06: “Note that, in an application filed under 35 U.S.C. 111(a), if a ‘Sequence Listing’ is filed as an ASCII plain text file via the USPTO patent electronic filing system or on a…
Read MoreWhat are the compliance requirements for sequence listings in patent applications?
According to MPEP 2422.07, patent applications must comply with the requirements of 37 CFR 1.821(b) through (e) for sequence listings. The section states: “37 CFR 1.821(g) requires compliance with the requirements of 37 CFR 1.821(b) through (e) , as discussed above, if they are not satisfied at the time of filing under 35 U.S.C. 111(a)…
Read MoreCan sequence identifiers be used to discuss parts of a sequence?
Yes, sequence identifiers can be used to discuss or claim parts or fragments of a properly presented sequence. The MPEP provides guidance on this matter: “Sequence identifiers can also be used to discuss and/or claim parts or fragments of a properly presented sequence. For example, language such as ‘residues 14 to 243 of SEQ ID…
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