Can amendments to a sequence listing XML file be made after the filing date?
Yes, amendments to a sequence listing XML file can be made after the filing date, but there are specific rules governing such amendments. According to MPEP 2414: “Any amendments to a sequence listing XML file must comply with the requirements of 37 CFR 1.835(b).” This means that: Amendments must not include any new matter beyond…
Read MoreCan provisional applications be amended to correct a non-compliant Sequence Listing XML?
No, provisional applications cannot be amended to correct a non-compliant Sequence Listing XML. The MPEP clearly states: Provisional applications cannot be amended, so if a provisional application contains a non-compliant “Sequence Listing XML” no notice relating to the requirements will be mailed in a provisional application. This means that if you submit a non-compliant Sequence…
Read MoreHow should ambiguity symbols be used in nucleotide sequences?
The MPEP 2423.01 provides guidance on using ambiguity symbols in nucleotide sequences: “For those nucleotides that are ambiguous in designation, the list of one-letter codes given in WIPO Standard ST.25 (1998), Appendix 2, Table 2, must be used.” Some common ambiguity symbols include: n – a or c or g or t/u r – a…
Read MoreWhat are the requirements for adding a “Sequence Listing” after the application filing date?
According to 37 CFR 1.825(a), adding a “Sequence Listing” after the application filing date requires: Submission of the “Sequence Listing” in one of three formats: ASCII plain text file, PDF file, or physical sheets of paper A request to make the amendment by incorporation by reference or insertion into the specification A statement indicating the…
Read MoreWhat are the translation requirements for entering the U.S. national stage?
The translation requirements for entering the U.S. national stage are as follows: 1. If the international application was not filed in English and was not published under PCT Article 21(2) in English, a translation of the application into English is required. 2. For international applications with a filing date on or after July 1, 2022:…
Read MoreHow should biological sequence listings be submitted in patent applications?
The submission requirements for biological sequence listings in patent applications depend on the filing date of the application: For applications filed before July 1, 2022: Submit a “Sequence Listing” as an ASCII plain text file in compliance with 37 CFR 1.821 – 1.824. For applications filed on or after July 1, 2022: Submit a “Sequence…
Read MoreWhat are the size limits for electronic submissions in patent applications?
The USPTO has established size limits for electronic submissions in patent applications: For “Large Tables” and “Computer Program Listing Appendix” files submitted via the USPTO patent electronic filing system, there is a 25 MB size limit per file. File compression is not permitted for these submissions. For “Sequence Listing” or “Sequence Listing XML” files, there…
Read MoreWhat are the requirements for translating a sequence listing in a PCT application?
The requirements for translating a sequence listing in a PCT application depend on the international filing date: For applications filed on or after July 1, 2022: An English translation is required for any Sequence Listing XML containing non-English language values for language-dependent free text qualifiers, in accordance with 37 CFR 1.831 through 1.834. For applications…
Read MoreWhat are the requirements for submitting a “Sequence Listing” or “Sequence Listing XML” in a patent application?
For applications filed before July 1, 2022, a “Sequence Listing” must be submitted as an ASCII plain text file in compliance with 37 CFR 1.821-1.824. For applications filed on or after July 1, 2022, a “Sequence Listing XML” must be submitted as an XML file in compliance with 37 CFR 1.831-1.834. The sequence listing can…
Read MoreWhat happens if a PCT application lacks a required sequence listing during international preliminary examination?
If the International Preliminary Examining Authority (IPEA) finds that a PCT application requires a sequence listing but lacks one, they may take action. According to MPEP 1877: “If the International Preliminary Examining Authority finds that the international application contains disclosure of one or more nucleotide and/or amino acid sequences that, pursuant to the Administrative Instructions,…
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