How should sequence-related submissions be marked for the USPTO?
According to MPEP 2433, all sequence-related submissions to the USPTO should be marked “Box SEQUENCE.” This includes “all computer readable forms, read-only optical discs, fees, and papers accompanying them filed in the Office.” This marking facilitates administrative processing of all papers and read-only optical discs associated with sequence rule compliance. To learn more: sequence listing…
Read MoreAre all Numeric Identifiers in a “Sequence Listing” mandatory?
No, not all Numeric Identifiers in a “Sequence Listing” are mandatory. The MPEP 2424.02 states: “The submission of those items of information designated with an “M” is mandatory. The submission of those items of information designated with an “O” is optional.“ This means that certain identifiers are required for all sequence listings, while others are…
Read MoreHow are lengthy “Sequence Listings” published in patents and patent application publications?
Lengthy “Sequence Listings” (i.e., at least 600 Kb or about 300 typed pages) are no longer printed with paper and composed electronic image versions of patents and patent application publications. Instead, they are published only in electronic form and made available on the USPTO sequence homepage. As stated in the MPEP: The “Sequence Listing” will…
Read MoreWhat are the options for submitting a large “Sequence Listing” that exceeds 100 MB?
For “Sequence Listings” larger than 100 MB, MPEP 2425 provides the following guidance: The “Sequence Listing” may be submitted on read-only optical disc(s) in compliance with 37 CFR 1.52(e) A file that is not compressed must be contained on a single read-only optical disc The file may be compressed using WinZip®, 7-Zip, or Unix®/Linux® Zip…
Read MoreHow should compact discs containing sequence listings be labeled?
Compact discs containing sequence listings must be labeled with specific information. According to MPEP 2422.03: “The compact disc must be labeled with: 1) the name of each inventor (if known); 2) title of the invention; 3) the docket number, or application number if known, used by the person filing the application to identify the application;…
Read MoreWhat are the key components of a sequence listing?
According to MPEP 2412.01, a sequence listing must contain the following key components: A separate sequence for each sequence disclosed in the application Use of the symbols set forth in WIPO Standard ST.25 (1998) A unique identifier for each sequence (SEQ ID NO:) Separate presentation of nucleotides and amino acids Enumeration of nucleotides and amino…
Read MoreAre international patent applications required to incorporate “Sequence Listings” by reference?
No, international patent applications during the international stage are exempt from the requirement to incorporate “Sequence Listings” by reference. This exemption is specifically stated in 37 CFR 1.823(b)(2): “37 CFR 1.823(b)(2) specifically exempts international applications during the international stage from the incorporation by reference requirement in 37 CFR 1.823(b)(1).“ This means that while domestic U.S.…
Read MoreWhich Numeric Identifiers should appear at the beginning of a “Sequence Listing”?
According to the MPEP 2424.02, specific Numeric Identifiers must be placed at the beginning of a “Sequence Listing”. The manual states: “Numeric identifiers <110> through <170> must be set forth at the beginning of the “Sequence Listing”.“ These identifiers typically include general information about the patent application, such as the applicant name, title of the…
Read MoreHow are sequence listings incorporated by reference in patent publications?
For patent applications with sequence listings larger than 300 KB, the USPTO incorporates the sequence listing by reference in the patent publication. According to MPEP 2435: “If the sequence listing is greater than 300 KB in size, the patent document will include an incorporation-by-reference of the electronic version of the sequence listing, and the sequence…
Read MoreWhat is the incorporation-by-reference paragraph for Sequence Listings?
The incorporation-by-reference paragraph is a crucial element when submitting a Sequence Listing as an ASCII text file. According to MPEP 2427, this paragraph must be inserted into the specification and should include: The name of the ASCII text file The date of creation of the file The size of the file in bytes For example:…
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