How should branched sequences be represented in WIPO ST.25 format?
How should branched sequences be represented in WIPO ST.25 format? Branched sequences require special handling in WIPO ST.25 format. According to MPEP 2423: “A sequence that contains regions of specifically defined residues separated by one or more regions of consecutively branched residues comprising any one or more of the following: ‘J’, ‘O’, or ‘Z’, must…
Read MoreHow does the MPEP define “AP sites” or “abasic sites” in nucleotide sequences?
The MPEP 2412.03(d) addresses “AP sites” or “abasic sites” in the context of nucleotide sequences. According to the MPEP: “[A nucleotide can be] lacking a purine or pyrimidine nucleobase when the nucleotide is part of a nucleotide sequence, referred to as an ‘AP site’ or an ‘abasic site’.” In other words, an AP site or…
Read MoreHow do the sequence rules apply to amino acid sequences in patent applications?
How do the sequence rules apply to amino acid sequences in patent applications? The sequence rules in patent applications apply specifically to amino acid sequences of a certain length. According to MPEP 2412.01: “The rules require disclosure of nucleotide and/or amino acid sequences […] if a sequence is disclosed in a patent application by enumeration…
Read MoreAre there alternative ways to access sequence data from patents and patent applications?
Yes, there are alternative ways to access sequence data from patents and patent applications: Through the National Center for Biotechnology Information (NCBI) at www.ncbi.nlm.nih.gov. From commercial vendors. The MPEP explains: Sequence data may also be accessed in a more readily searchable manner from the National Center for Biotechnology Information (NCBI) at www.ncbi.nlm.nih.gov or from a…
Read MoreWhat changes did AIA 35 U.S.C. 103 make to pre-AIA 35 U.S.C. 103(b) and 103(c)?
AIA 35 U.S.C. 103 made significant changes to pre-AIA 35 U.S.C. 103(b) and 103(c): Pre-AIA 35 U.S.C. 103(b): This provision, which applied to biotechnological inventions, has been eliminated in AIA 35 U.S.C. 103. Pre-AIA 35 U.S.C. 103(c): This has been eliminated, but similar provisions have been introduced in AIA 35 U.S.C. 102(b)(2)(C) and 102(c). The…
Read MoreWhat is the purpose of 37 CFR 1.805?
37 CFR 1.805 relates to the deposit of biological materials to replace or supplement a previous deposit. This regulation provides guidance on when and how a deposit can be replaced or supplemented during the patent application process. To learn more: Biological Deposits Patent Application Biotechnology USPTO Regulations
Read MoreWhat is the Technology Center responsible for plant patent applications?
Plant patent applications are assigned to Technology Center (TC) 1600 at the United States Patent and Trademark Office (USPTO). According to MPEP 909.02(a): “New nonprovisional design and plant applications are assigned to Technology Centers (TCs) 2900 and 1600, respectively, in the first instance by the Office of Patent Application Processing (OPAP).” TC 1600 specializes in…
Read MoreHow does unity of invention apply to nucleotide sequences?
Unity of invention for nucleotide sequences in PCT applications is addressed specifically in MPEP 1850. The key points are: Nucleotide sequences encoding the same protein are considered to satisfy the unity of invention standard and will continue to be examined together. This is an exception to the general rule that requires “one or more of…
Read MoreWhat is the ‘Special Examining Procedure’ for certain biotechnology applications?
What is the ‘Special Examining Procedure’ for certain biotechnology applications? The USPTO has established a Special Examining Procedure for certain biotechnology applications. According to MPEP 708.01: Applications in biotechnology filed by applicants who are small entities should be examined under the special procedure described in MPEP § 708.02, subsection XII. Key points about this procedure…
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