Can 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 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.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2422.02 - The Requirement For Exclusive Conformance; Sequences Presented In Drawing Figures,
Patent Law,
Patent Procedure