Can sequences be presented only in drawing figures without a sequence listing?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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 NO:”) must be used, either in the drawing or in the Brief Description of the Drawings.

This means that even if a sequence is shown in a drawing figure, it must also be included in the separate sequence listing if it meets the length thresholds (10 or more nucleotides or 4 or more amino acids). The drawing alone is not sufficient to meet the sequence disclosure requirements.

Topics: MPEP 2400 - Biotechnology MPEP 2422.02 - The Requirement For Exclusive Conformance; Sequences Presented In Drawing Figures Patent Law Patent Procedure
Tags: Biotechnology, sequence listing, Sequences In Drawings