What are the WIPO ST.25 requirements for nucleotide and amino acid sequence disclosures in patent applications?
WIPO ST.25 requirements for nucleotide and amino acid sequence disclosures in patent applications are outlined in MPEP 2422. These requirements are largely harmonized with USPTO requirements, but there are some key differences: WIPO ST.25 requires that nucleotide sequences containing fewer than 10 specifically defined nucleotides be included in the sequence listing. WIPO ST.25 requires that…
Read MoreWhat is WIPO ST.25 and how does it relate to patent applications?
WIPO ST.25 is a standard for the presentation of nucleotide and amino acid sequence listings in patent applications. It was used for applications filed before July 1, 2022. The MPEP notes: “This section is not applicable to applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined…
Read MoreWhy are interferences not declared for applications under secrecy orders?
Interferences are not declared for applications under secrecy orders primarily due to confidentiality concerns. The MPEP 2306 explains: “Once an interference is declared, an opposing party is entitled to access to the application and benefit applications pursuant to 37 CFR 41.109. See MPEP § 2307.02. Consequently, an interference should not be suggested for an application…
Read MoreWhat is the WIPO Sequence Validator?
The WIPO Sequence Validator is a tool developed by WIPO for use by Intellectual Property Offices (IPOs) to validate Standard ST.26 “Sequence Listing XML” files. As explained in MPEP 2418: To ensure that IPOs can validate and accept sequence listing projects from applicants generated with WIPO Sequence, WIPO is developing a Standard ST.26 “Sequence Listing…
Read MoreWhat is the WIPO Sequence Tool?
The WIPO Sequence Tool is a desktop application developed by WIPO and adopted by WIPO member states, including the US, to help patent applicants generate compliant “Sequence Listing XML” files. As stated in MPEP 2418: WIPO Sequence has two functions: An authoring function and a validation function. Patent applicants will be able to author and…
Read MoreWhat is a “Sequence Listing” in patent applications?
A “Sequence Listing” is a separate part of a patent application that contains disclosures of nucleotide and/or amino acid sequences, along with associated information, using a standardized format and symbols. According to MPEP 2421.01, it is required for applications containing disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR…
Read MoreWhat is interference practice in patent law?
Interference practice is a procedure used to determine priority of invention between two parties. It is based on pre-AIA 35 U.S.C. 102(g). As stated in the MPEP: “An interference is an inter partes proceeding directed at determining the first to invent as among the parties to the proceeding, involving two or more pending applications naming…
Read MoreWhat information must be included in a viability statement for non-Budapest Treaty deposits?
For biological material deposits not made under the Budapest Treaty, a viability statement must be filed with the patent application. According to MPEP 2409 and 37 CFR 1.807(b), this statement must contain: The name and address of the depository The name and address of the depositor The date of deposit The identity of the deposit…
Read MoreWhat is the viability requirement for biological material deposits in patent applications?
According to MPEP 2409, the viability requirement for biological material deposits is essentially a requirement that the deposited material is capable of reproduction. This is outlined in 37 CFR 1.807(a), which states: “A deposit of biological material that is capable of self-replication either directly or indirectly must be viable at the time of deposit and…
Read MoreWhen did the USPTO implement the Sequence Listing XML requirement?
The USPTO implemented the Sequence Listing XML requirement for patent applications filed on or after July 1, 2022. This is clearly stated in the editor’s note of MPEP 2419.01: “[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…
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