What format is required for submitting sequence listings under the new rules?
Under the new Sequence Rules, patent applicants must submit sequence listings in a specific format. MPEP 2412.01 states that “an applicant is required to submit sequence data… in eXtensible Markup Language (XML) format.” This XML file must conform to the requirements specified in 37 CFR 1.831 – 1.834, which in turn reference particular paragraphs of…
Read MoreWhat are the WIPO ST.25 sample statements for sequence listings?
The MPEP provides sample language for statements required to support sequence rule submissions under WIPO ST.25. These statements are examples and not exhaustive. They primarily cover three areas: Asserting that the sequence information in the PDF or physical sheets is identical to the computer readable form Stating that amendments adding a sequence listing are supported…
Read MoreWhen are WIPO ST.25 sample statements not applicable?
According to the MPEP, WIPO ST.25 sample statements are not applicable to certain patent applications. Specifically: “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).” For applications filed on or after July 1, 2022, applicants should…
Read MoreWhat is the difference in USPTO treatment of defective sequence listings for applications filed before and after January 1, 2022?
The USPTO’s treatment of defective sequence listings differs significantly for applications filed before and after January 1, 2022. MPEP 2422.07 outlines these differences: For applications filed before January 1, 2022: “Applications filed before January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be treated as incomplete applications under 35 U.S.C.…
Read MoreHow does the USPTO handle defective sequence listings in patent applications filed after January 1, 2022?
For patent applications filed on or after January 1, 2022, the USPTO has specific procedures for handling defective sequence listings. According to MPEP 2422.07: “Applications filed on or after January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be accepted and the defective sequence listing will be treated in accordance…
Read MoreHow should unknown amino acids be represented in sequence listings?
How should unknown amino acids be represented in sequence listings? The MPEP 2412.05 provides specific guidance on representing unknown amino acids in sequence listings: “The symbol “Xaa” must be used to represent an unknown or other amino acid.” This means that whenever an amino acid in a sequence is unknown or cannot be confidently identified,…
Read MoreWhat are the requirements for sequence listings in patent applications?
The requirements for sequence listings in patent applications are outlined in MPEP 2422.02: All sequences that meet the length thresholds (10 or more nucleotides or 4 or more amino acids) must be included in the sequence listing. The sequence listing must be submitted as a separate part of the disclosure. Each sequence must be assigned…
Read MoreWhat are the requirements for submitting sequence listings in patent applications?
What are the requirements for submitting sequence listings in patent applications? Submitting sequence listings in patent applications involves specific requirements as outlined in MPEP 2412.01: “Patent applications which contain disclosures of nucleotide and/or amino acid sequences must contain, as a separate part of the disclosure, a paper or compact disc copy disclosing the nucleotide and/or…
Read MoreAre provisional applications required to comply with sequence listing requirements?
According to MPEP 2422.07, provisional applications are not required to comply with sequence listing requirements: “Provisional applications filed under 35 U.S.C. 111(b) need not comply with 37 CFR 1.821 through 1.825, however, applicants are encouraged to file a “Sequence Listing” as defined in 37 CFR 1.821(c) for ease of identification of the sequence information contained…
Read MoreWhat are the requirements for submitting sequence listings in international applications?
For international applications, MPEP 2422.07 outlines specific requirements for submitting sequence listings: “Where a sequence listing under PCT Rule 13ter is provided in reply to a under 37 CFR 1.821(h) , the sequence listing must be accompanied by a statement that the information recorded in the ASCII plain text file under 37 CFR 1.821(e)(3)(i) is…
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