How do I assert that sequence information is identical in different formats?
When submitting sequence information in different formats (e.g., PDF, physical sheets, and computer readable form), it’s important to assert that the content is identical. The MPEP provides a sample statement for this purpose: “I hereby state that the sequence information contained in the computer readable form is identical to the sequence information contained in the…
Read MoreHow are amino acids with ambiguous positions represented in sequence listings?
How are amino acids with ambiguous positions represented in sequence listings? The MPEP 2412.05 provides guidance on representing amino acids with ambiguous positions: “Where an amino acid can be one of two or more alternatives at a given position in a sequence, the preferred amino acids should be shown in the sequence and the alternatives…
Read MoreHow does WIPO Standard ST.26 differ from WIPO Standard ST.25 for sequence listings?
WIPO Standard ST.26 and ST.25 are different standards for sequence listings in patent applications: ST.26 applies to applications filed on or after July 1, 2022. ST.25 applies to applications filed before July 1, 2022. ST.26 requires sequence listings in XML format, while ST.25 uses a different format. ST.26 allows for a single, internationally acceptable sequence…
Read MoreHow are sequence listings published in international applications?
Since August 2, 2001, WIPO has been publishing sequence listing parts of the description on the Internet. According to MPEP 1857: Sequence listings can be viewed and downloaded from the page containing the published international application. They are also available at WIPO’s Patentscope sequences page. The bibliographic page of a published international application includes the…
Read MoreHow are lengthy sequence listings handled in patent application publications?
Lengthy sequence listings are handled differently in patent application publications due to their size and format. According to MPEP 1121: “Due to the high cost and limited usefulness of printed paper or composed electronic image versions of lengthy nucleotide and/or amino acid sequences, ‘Sequence Listings’ (for applications filed before July 1, 2022) and ‘Sequence Listing…
Read MoreHow do sequence listing issues affect international patent searches and opinions?
Sequence listing issues can significantly impact international patent searches and opinions. The MPEP specifically mentions that a meaningful search or opinion may not be possible when nucleotide and/or amino acid sequence listings are not provided in the required form, language, and manner. As stated in MPEP 1843.03: “For example, the examiner may determine that a…
Read MoreWhat are the requirements for sequence listings in PCT applications filed on or after July 1, 2022?
For PCT applications filed on or after July 1, 2022, sequence listings must comply with WIPO Standard ST.26. The key requirements are: Sequence listings must be in a standardized electronic eXtensible Markup Language (XML) format, referred to as “Sequence Listing XML”. The sequence listing must be a separate part of the specification. Sequences in the…
Read MoreWhat is the late furnishing fee for sequence listings in PCT applications?
The late furnishing fee for sequence listings in PCT applications is determined by the International Searching Authority (ISA) and has the following characteristics: The fee is payable when the ISA invites the applicant to furnish a compliant sequence listing after the international filing date. The amount is determined by the ISA but cannot exceed 25%…
Read MoreWhat happens if a PCT application lacks a compliant sequence listing?
If a PCT application lacks a compliant sequence listing, the following process may occur: The International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) may invite the applicant to furnish a compliant sequence listing. The invitation will specify a time limit for response and may require payment of a late furnishing fee. If the…
Read MoreCan sequence listings be amended after the international filing date in PCT applications?
Sequence listings furnished after the international filing date are generally not considered part of the international application. However, amendments to sequence listings may be possible under certain conditions: Amendments can be made under PCT Article 34 if the applicant files a Demand for international preliminary examination. Any amendments must not go beyond the disclosure in…
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