How does the USPTO use the computer readable form (CRF) of the “Sequence Listing”?
The USPTO uses the computer readable form (CRF) of the “Sequence Listing” for several important purposes, as outlined in the MPEP: The information on the computer readable form will be entered into the Office’s database for searching and printing nucleotide and amino acid sequences. This electronic database will also enable the Office to provide published…
Read MoreDoes the USPTO return or preserve the computer readable form (CRF) submitted on read-only optical discs?
No, the USPTO does not permanently preserve or return computer readable forms (CRFs) submitted on read-only optical discs. The MPEP clearly states: The Office does not desire to be bound by a requirement to permanently preserve computer readable forms submitted on read-only optical disc(s) for support, priority or correction purposes. Thus, once use of the…
Read MoreHow can I submit a Computer Readable Form (CRF) of a Sequence Listing?
According to MPEP 2421.01, there are two main ways to submit a Computer Readable Form (CRF) of a Sequence Listing: On a read-only optical disc As an ASCII plain text file via the Office patent electronic filing system The MPEP states: The CRF may be submitted on read-only optical disc or may be submitted as…
Read MoreWhat is the recommended format for submitting a “Sequence Listing” in a patent application?
The USPTO recommends submitting a “Sequence Listing” as an ASCII plain text file via the USPTO patent electronic filing system rather than as a PDF image file. This is because: If submitted as an ASCII plain text file in compliance with 37 CFR 1.824, it will serve as both the “Sequence Listing” under 37 CFR…
Read MoreWhat are the requirements for submitting a “Sequence Listing” as a PDF file or on physical sheets of paper?
When submitting a “Sequence Listing” as a PDF file or on physical sheets of paper, the following requirements apply: The “Sequence Listing” must be placed after the abstract of the disclosure A separate CRF under 37 CFR 1.821(e) is required If the separate CRF was not submitted, not compliant with 37 CFR 1.824, or not…
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 is required when submitting a “Sequence Listing” as an ASCII plain text file?
When submitting a “Sequence Listing” as an ASCII plain text file, the following requirements apply: The ASCII plain text file serves as both the “Sequence Listing” under 37 CFR 1.821(c) and the CRF under 37 CFR 1.821(e) An incorporation by reference statement is required in the specification The incorporation by reference statement must comply with…
Read MoreCan corrections be made to a “Sequence Listing” after submission?
Yes, corrections to a “Sequence Listing” can be made under certain circumstances. The MPEP states: The Office may permit correction of the “Sequence Listing” submitted pursuant to 37 CFR 1.821(c), whether on physical sheets of paper or as a PDF image file, at the least, during the pendency of a given application by reference to…
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