Can the International Preliminary Examining Authority require a sequence listing after filing?
Yes, the International Preliminary Examining Authority (IPEA) has the power to require a sequence listing after the initial filing of a PCT application. MPEP 1877 states: “the International Preliminary Examining Authority may invite the applicant to furnish such a sequence listing complying with the standard provided for in the Administrative Instructions and pay a late…
Read MoreAre there fees associated with late submission of sequence listings in PCT applications?
Yes, there can be fees associated with the late submission of sequence listings in PCT applications. MPEP 1877 mentions: “the International Preliminary Examining Authority may invite the applicant to furnish such a sequence listing complying with the standard provided for in the Administrative Instructions and pay a late furnishing fee.” This indicates that if an…
Read MoreWhat is the EPO’s policy on nucleotide and amino acid sequences in international applications?
What is the EPO’s policy on nucleotide and amino acid sequences in international applications? The European Patent Office (EPO) has specific requirements for international applications containing nucleotide and/or amino acid sequences: According to the MPEP: Where an international application contains disclosure of nucleotide and/or amino acid sequences, the EPO will search the international application to…
Read MoreWhen is an English translation required for a PCT application entering the U.S. national stage?
An English translation is required for a PCT application entering the U.S. national stage under the following conditions: The international application was filed in a language other than English The application was not published under PCT Article 21(2) in English This requirement is based on 35 U.S.C. 371(c)(2) and 37 CFR 1.495(c). As stated in…
Read MoreHow should ASCII plain text files be submitted for sequence listings, large tables, or computer program listings?
ASCII plain text files for sequence listings, large tables, or computer program listings should be submitted as follows: Files must be in ASCII plain text format. They should be submitted on a compact disc (CD), digital video disc (DVD), or other acceptable electronic media. Each file type (sequence listing, table, or computer program listing) should…
Read MoreWhat are the file size limits for ASCII plain text files submitted as part of a patent application?
According to MPEP 608.05, ASCII plain text files submitted as part of a patent application have specific size limits: For Sequence Listings: 100 MB For Large Tables: 300 MB For Computer Program Listing Appendices: 300 MB The MPEP states: “ASCII plain text files are limited to 100 MB for Sequence Listings, and 300 MB for…
Read MoreWhat are the requirements for submitting biological sequence listings in patent applications?
The requirements for submitting biological sequence listings in patent applications depend on the filing date of the 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. It can be submitted via the USPTO patent electronic filing system or…
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