What does “specifically defined” mean in the context of nucleotide and amino acid sequences?
According to MPEP 2412.03(a), “specifically defined” refers to any amino acid or nucleotide as defined in paragraph 3(k) of WIPO Standard ST.26. The MPEP states: “Specifically defined” means any amino acid or nucleotide as defined in paragraph 3(k) of WIPO Standard ST.26. This definition applies to patent applications filed on or after July 1, 2022,…
Read MoreWhat amino acids are considered “specifically defined” according to WIPO Standard ST.26?
MPEP 2412.03(a) refers to WIPO Standard ST.26, which defines “specifically defined” amino acids as any amino acid other than those represented by the symbol “X”. The MPEP provides a table of amino acid symbols, where: Single-letter symbols A, R, N, D, C, Q, E, G, H, I, L, K, M, F, P, O, S, U,…
Read MoreWhat is the significance of the dtdVersion attribute in a Sequence Listing XML?
The dtdVersion attribute is a mandatory element in the root element of a Sequence Listing XML. According to the MPEP, which cites WIPO Standard ST.26, paragraph 43, this attribute represents the “Version of the DTD used to create this file in the format ‘V#_#’, e.g., ‘V1_3’.” The significance of the dtdVersion attribute lies in its…
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 MoreWhat is the root element requirement for a “Sequence Listing XML” in patent applications?
The “Sequence Listing XML” in patent applications filed on or after July 1, 2022, must contain a root element as defined in paragraph 43 of WIPO Standard ST.26. This requirement is specified in 37 CFR 1.833(b)(2)(iii). The root element must include several attributes, as stated in the MPEP: “WIPO Standard ST.26, paragraph 43, proscribes the…
Read MoreAre reissue applications subject to the Sequence Listing XML requirement?
Yes, reissue applications filed on or after July 1, 2022, are subject to the Sequence Listing XML requirement if they contain nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(a) or (b). The MPEP clarifies: “Compliance with 37 CFR 1.831 through 1.835 (rules based on WIPO Standard ST.26) is also applicable to any…
Read MoreHow does the Sequence Listing XML requirement affect applications claiming priority to earlier filings?
Applications filed on or after July 1, 2022, that claim benefit or priority to earlier applications must still comply with the new Sequence Listing XML requirement, regardless of the format used in the prior application. The MPEP clarifies: “If a prior application to which benefit or priority is claimed contains a ‘Sequence Listing’ in Standard…
Read MoreWhat are the required DTDs for a Sequence Listing XML file?
What are the required DTDs for a Sequence Listing XML file? According to MPEP 2413, a Sequence Listing XML file must reference two specific Document Type Definitions (DTDs): ST.26 DTD: ““ ST.25 DTD: ““ These DTDs define the structure and elements allowed in the Sequence Listing XML file, ensuring compliance with WIPO Standard ST.26. To…
Read MoreWhat is the “Sequence Listing XML” and why is it important?
The “Sequence Listing XML” is a critical component of patent applications filed on or after July 1, 2022, that contain disclosures of nucleotide and/or amino acid sequences. It must comply with WIPO Standard ST.26 and include a sequence data part. As stated in MPEP 2413.01(g): “The sequence data part is the part of the ‘Sequence…
Read MoreWhat information must be included in the general information part of the Sequence Listing XML?
The general information part of the Sequence Listing XML must contain specific bibliographic elements as prescribed by WIPO Standard ST.26. These elements include: ApplicationIdentification (mandatory) FilingDate (mandatory when applicable) ApplicantFileReference (mandatory when applicable) EarliestPriorityApplicationIdentification (mandatory where priority is claimed) ApplicantName (mandatory) ApplicantNameLatin (mandatory where applicable) InventorName (optional) InventorNameLatin (optional) InventionTitle (mandatory in the language of…
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