Can I still submit a sequence listing in ST.25 format for a patent application?
The ability to submit a sequence listing in ST.25 format depends on the filing date of your patent application: For applications filed before July 1, 2022, ST.25 format is still acceptable. For applications filed on or after July 1, 2022, only ST.26 XML format is accepted. MPEP 2422.03 states: “Applicants may submit a sequence listing…
Read MoreWhat is the size threshold for separate publication of sequence listings?
The size threshold for separate publication of sequence listings is 300 KB. MPEP 2435 specifies: “For applications filed on or after September 16, 2012, having a sequence listing that is 300 KB or less in size, the sequence listing will be published as part of the patent document. If the sequence listing is greater than…
Read MoreWhat is the significance of the “no new matter” statement for sequence listing corrections?
The “no new matter” statement is crucial when submitting corrected sequence listings, as mentioned in MPEP 2422.07. Here’s why it’s significant: It ensures that the corrections to the sequence listing do not introduce new subject matter into the application. New matter is prohibited in patent applications after the filing date, as it could potentially extend…
Read MoreCan sequences be presented only in drawing figures without a sequence listing?
No, sequences cannot be presented only in drawing figures without a corresponding sequence listing. MPEP 2422.02 clearly states: “Where a sequence is presented in a drawing, the sequence must still be included in the sequence listing if the sequence falls within the definition set forth in 37 CFR 1.821(a), and the sequence identifier (“SEQ ID…
Read MoreWhat are the requirements for presenting sequences in patent applications?
For patent applications filed on or after July 1, 2022, that disclose nucleic acid and/or amino acid sequences falling within the definition in 37 CFR 1.831(b), there are specific requirements for presenting these sequences. According to MPEP 2412.06: “37 CFR 1.831(a) requires conformance to the requirements of 37 CFR 1.832 through 37 CFR 1.834 with…
Read MoreWhat is the difference between a “Sequence Listing XML” and a “Sequence Listing”?
The main difference between a “Sequence Listing XML” and a “Sequence Listing” lies in the format and the filing date of the patent application. According to MPEP 2412.02: Sequence Listing XML: Used for applications filed on or after July 1, 2022. It is a computer-readable format of the sequences in XML format in accordance with…
Read MoreWhen is a Sequence Listing in XML format required for patent applications?
A Sequence Listing in XML format is required for patent applications filed on or after July 1, 2022, that disclose nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b). The MPEP states: “An application that has a filing date on or after July 1, 2022, will be required to provide a ‘Sequence Listing…
Read MoreWhat are the requirements for submitting a Sequence Listing in XML format?
What are the requirements for submitting a Sequence Listing in XML format? According to MPEP 2415.01, a Sequence Listing in XML format must be submitted when: An application discloses nucleotide and/or amino acid sequences that must be included in a “Sequence Listing” The application is filed on or after July 1, 2022 The MPEP states:…
Read MoreCan I submit both a “Sequence Listing XML” and a “Sequence Listing” in the same application?
No, for applications filed on or after July 1, 2022, you cannot submit both a “Sequence Listing XML” and a “Sequence Listing” in the same application. The USPTO has specific rules regarding this matter. According to MPEP 2413.03: “For applications filed on or after July 1, 2022, the USPTO patent electronic filing system will prohibit…
Read MoreCan sequence listings be submitted on USB flash drives?
No, sequence listings cannot be submitted on USB flash drives. The MPEP 2422.03 specifically states: “A sequence listing in electronic form may not be submitted on any removable media other than a compact disc, diskette or magnetic tape.” This means that USB flash drives are not an acceptable medium for submitting sequence listings. Applicants must…
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