What is considered a “sequence” for the purpose of assigning sequence identifiers?
According to MPEP 2412.05(a), a “sequence” that requires a separate sequence identifier is defined by WIPO Standard ST.26, paragraph 7, as: An unbranched sequence or a linear region of a branched sequence containing ten or more specifically defined nucleotides, with adjacent nucleotides joined by a 3′ to 5′ (or 5′ to 3′) phosphodiester linkage or…
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 MoreWhen does MPEP 2412.03(e) apply to patent applications?
The applicability of MPEP 2412.03(e) is clearly stated in the section: “[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 definition and requirements for “Modified Nucleotide” apply to patent applications…
Read MoreWhat is a “Modified Nucleotide” according to MPEP 2412.03(e)?
According to MPEP 2412.03(e), a “Modified nucleotide” is defined as follows: “Modified nucleotide” includes any nucleotide as described in paragraph 3(f) of WIPO Standard ST.26. Further explanation from WIPO Standard ST.26 states that a modified nucleotide is any nucleotide other than the standard DNA and RNA nucleotides. Specifically, it excludes: deoxyadenosine 3′-monophosphate deoxyguanosine 3′-monophosphate deoxycytidine…
Read MoreHow are interference searches conducted for applications with nucleotide or peptide sequences?
For patent applications containing claims directed to nucleotide or peptide sequences, the interference search process involves additional steps. According to MPEP 2304.01(a): “If the application contains a claim directed to a nucleotide or peptide sequence, the examiner must submit a request to STIC to perform an interference search of the sequence.” STIC refers to the…
Read MoreWhat does “enumeration of its residues” mean in patent applications?
“Enumeration of its residues” refers to the disclosure of a nucleotide or amino acid sequence in a patent application. According to MPEP 2412.02(a), it means: “disclosure of a nucleotide or amino acid sequence in a patent application by listing, in order, each residue of the sequence, where the residues are represented in the manner as…
Read MoreHow is an interference search conducted?
An interference search is conducted using the most efficient and effective manner based on the claimed subject matter in the broadest claim. The MPEP 1302.08 states that this is typically done “(e.g., by performing a text search of the ‘US-PGPUB’ database in EAST or WEST).” For applications containing nucleotide or peptide sequences, examiners must submit…
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