How do I amend a “Sequence Listing” in a granted patent?

Amending a “Sequence Listing” in a granted patent is addressed in 37 CFR 1.825(d). The process applies to amendments made by certificate of correction, reissue, or reexamination. The MPEP states: “Any appropriate amendments to the ‘Sequence Listing’ in a patent (e.g., by reason of reissue, reexamination, or a certificate of correction) must comply with the…

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Can incorporation by reference under 37 CFR 1.57(b) be used to add material to a granted patent?

No, incorporation by reference under 37 CFR 1.57(b) cannot be used to add material to a granted patent. This provision is only applicable during the application process, before a patent is granted. The MPEP clearly states: “If, however, an application has been patented, a certificate of correction or a reissue application could not be used…

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