How do the requirements for sequence listings differ between WIPO ST.25 and WIPO ST.26?
The requirements for sequence listings differ significantly between WIPO ST.25 and WIPO ST.26. WIPO ST.25 was the standard used for applications filed before July 1, 2022, while WIPO ST.26 applies to applications filed on or after that date. The MPEP notes: “See MPEP §§ 2412 – 2419 for guidance on WIPO ST.26 requirements for applications…
Read MoreHow do filing requirements for sequence listings differ between national and international applications?
Filing requirements for sequence listings can vary between national US applications, foreign applications, and international applications. MPEP 2422 highlights some key differences: For international applications filed in paper, the sequence listing part must also be provided in paper. A copy of the sequence listing in ASCII plain text must be filed on read-only optical disc…
Read MoreWhat is the purpose of the pre-examination staff review for sequence listings?
The pre-examination staff review at the USPTO serves a crucial role in ensuring that patent applications containing nucleotide and/or amino acid sequence disclosures comply with formal requirements before examination begins. According to MPEP 2414.01: “Initial review by the pre-examination staff at the USPTO checks for compliance with formal matters. In order to ensure that an…
Read MoreAre provisional applications subject to the same sequence listing requirements as non-provisional applications?
Provisional applications have slightly different requirements for sequence listings compared to non-provisional applications, as outlined in MPEP 2422.07: Provisional applications filed under 35 U.S.C. 111(b) do not need to meet the sequence listing requirements to receive a filing date. However, complying with the sequence rules is necessary to complete the application and obtain a filing…
Read MoreWhen did the requirements for nucleotide and amino acid sequence data change?
The requirements for nucleotide and amino acid sequence data changed on July 1, 2022. The MPEP section notes: “[Editor Note: 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 in 37 CFR 1.831(b). See MPEP §§ 2412 – 2419 for…
Read MoreWhat happens if a patent application doesn’t meet the sequence listing requirements?
If a patent application filed on or after July 1, 2022, does not meet the sequence listing requirements, the USPTO will notify the applicant and provide a period of time to comply. This process is outlined in 37 CFR 1.835(d)(1): “If any of the requirements of §§ 1.831 through 1.834 are not satisfied in an…
Read MoreWhat is the legal basis for requiring sequence listings in PCT applications?
The requirement for sequence listings in PCT applications is based on specific rules and administrative instructions. According to MPEP 1877, the legal basis is found in PCT Rule 13ter.2: “PCT Rule 13ter.2” This rule provides the International Preliminary Examining Authority (IPEA) with the authority to request sequence listings. The MPEP further elaborates that these requirements…
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