What are the requirements for the Features section in a Sequence Listing?
The Features section in a Sequence Listing has specific requirements, particularly for representing variable elements: A mandatory feature is required to cover every “n” or “Xaa” used in a sequence. The feature consists of numeric identifiers , , , and . Numeric identifier should remain blank. Numeric Identifier should be selected from Appendices E and…
Read MoreWhat are examples of predictable and unpredictable arts in patent law?
What are examples of predictable and unpredictable arts in patent law? In patent law, the predictability of an art affects the level of disclosure required for enablement. MPEP 2164.03 provides examples: Predictable arts typically include: Mechanical devices Electrical devices Unpredictable arts often include: Chemical arts Biotechnology The MPEP states: “In cases involving unpredictable factors, such…
Read MoreWhat issues can arise when determining enablement for biotechnological inventions?
When determining enablement for biotechnological inventions, a key issue that can arise is the availability of starting materials or apparatus necessary to make the invention. MPEP 2164.01(b) states: “In the biotechnical area, this is often true when the product or process requires a particular strain of microorganism and when the microorganism is available only after…
Read MoreWhen did the requirement for including an XML declaration in Sequence Listing XML become effective?
The requirement for including an XML declaration in Sequence Listing XML became effective for patent applications filed on or after July 1, 2022. As stated in MPEP 2413.01(c): 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…
Read MoreWhen did the requirements for the Title Element in Sequence Listing XML come into effect?
The requirements for the Title Element in Sequence Listing XML came into effect on July 1, 2022. According to the editor’s note in MPEP 2413.01(i): “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…
Read MoreWhen did the requirements for Sequence Listing XML format come into effect?
The requirements for the Sequence Listing XML format came into effect for certain patent applications filed on or after July 1, 2022. According to the editor’s note in MPEP 2412.05(a): “[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…
Read MoreWhat are the consequences of failing to comply with the sequence rules in patent applications?
What are the consequences of failing to comply with the sequence rules in patent applications? Failing to comply with the sequence rules in patent applications can have serious consequences. According to MPEP 2412.01: “Applications that are not in compliance with the sequence rules will be treated in accordance with the pertinent sections of the MPEP.…
Read MoreWhat are the consequences of non-compliance with Sequence Listing requirements?
Non-compliance with Sequence Listing requirements can have significant consequences for patent applications. According to MPEP 2427, consequences may include: Delayed examination of the application Issuance of a notice of non-compliant amendment Requirement to submit a compliant Sequence Listing and associated documentation Potential loss of filing date if the non-compliance is not corrected in a timely…
Read MoreWhat is a Computer Readable Form (CRF) in relation to Sequence Listings?
A Computer Readable Form (CRF) is an ASCII plain text file containing the sequence information related to the disclosure of nucleotide and/or amino acid sequences in a patent application. The MPEP 2421.01 defines it as follows: The CRF is an ASCII plain text file of the sequence information relating to the disclosure of the nucleotide…
Read MoreWhat are the common deficiencies in Sequence Listing submissions?
According to MPEP 2427, common deficiencies in Sequence Listing submissions include: Missing “Sequence Listing” part of the disclosure Missing or defective Computer Readable Form (CRF) Discrepancies between the “Sequence Listing” and the CRF Missing statement that the CRF is identical to the “Sequence Listing” Sequence identifiers not present in the specification or drawings Sequences present…
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