How should ASCII plain text sequence listings be prepared for submission to the USPTO?
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…
Read MoreWhat are the requirements for applying pre-AIA 35 U.S.C. 103(b)?
There are several key requirements for applying pre-AIA 35 U.S.C. 103(b): The biotechnological process and composition of matter must be in the same application or separate applications with the same effective filing date. Both must be owned or assigned to the same person when the process was invented. The patent issued on the process must…
Read MoreWhat software can be used to generate WIPO ST.25 compliant sequence listings?
The MPEP recommends using PatentIn Version 3.5.1 software for generating sequence listings that comply with WIPO ST.25 standards. According to MPEP 2422: “PatentIn Version 3.5.1 software (see MPEP § 2430) generates sequence listings that meet all of the requirements of WIPO Standard ST.25 (2009).“ This software ensures that the generated sequence listings meet both USPTO…
Read MoreWhat is PatentIn and how does it relate to sequence listings?
PatentIn is a software program developed by the USPTO to facilitate compliance with sequence rules for patent applications involving nucleotide and amino acid sequences. It helps applicants generate sequence listings in a format compliant with 37 CFR 1.821-1.825 and WIPO Standard ST.25. The MPEP states: While use of the PatentIn program is not required for…
Read MoreWhat happens if a patent application is in condition for allowance except for a required deposit?
If a patent application is in condition for allowance except for a required deposit, the USPTO may notify the applicant and set a three-month period for making the deposit. As stated in MPEP 2411.03: “[T]he Office may notify the applicant in a notice of allowability and set a three month period of time from the…
Read MoreHow has the Federal Circuit’s decisions in Ochiai and Brouwer affected the need for pre-AIA 35 U.S.C. 103(b)?
The Federal Circuit’s decisions in In re Ochiai and In re Brouwer have significantly impacted the need for relying on pre-AIA 35 U.S.C. 103(b). The MPEP notes: In view of the Federal Circuit’s decisions in Ochiai and Brouwer, an applicant’s need to rely upon pre-AIA 35 U.S.C. 103(b) should be rare. These cases addressed whether…
Read MoreWhat are the symbols and format requirements for nucleotide and amino acid sequence data in patent applications?
The symbols and format requirements for nucleotide and amino acid sequence data in patent applications are outlined in 37 CFR 1.822. This regulation specifies the standards for presenting sequence data in patent applications. It’s important to note that “Appendices A through F referenced in 37 CFR 1.822 are reproduced in MPEP § 2422(I).” These appendices…
Read MoreWhat is a non-lengthy “Sequence Listing XML” in patent applications?
A non-lengthy “Sequence Listing XML” in patent applications refers to an XML file containing nucleotide and/or amino acid sequence information that, when transformed into an ASCII text file using a style sheet, results in a file size under 600KB. According to MPEP 2419.01, these non-lengthy sequence listings are published as part of the patent specification:…
Read MoreWhen did the new Sequence Rules come into effect?
The new Sequence Rules came into effect on July 1, 2022. This date is crucial for patent applicants dealing with nucleotide and/or amino acid sequences. As stated in MPEP 2412.01, the rules apply to “patent applications that were filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined…
Read MoreWhen is the MPEP 2412.05(c) guidance on sequence variants applicable?
The guidance provided in MPEP 2412.05(c) is applicable under specific conditions: “[Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]” This means that the requirements for representing sequence variants in the “Sequence Listing XML”…
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