How are nucleotide and amino acid sequences represented in patent applications?

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.

According to MPEP 2422.01, nucleotide and amino acid sequences in patent applications are represented as follows:

• Nucleotide sequences: Represented by symbols set forth in 37 CFR 1.822(b) and Appendices A and B to 37 CFR part 1, Subpart G.
• Amino acid sequences: Limited to those in 37 CFR 1.822(b) and Appendices C and D to 37 CFR part 1, Subpart G, and L-amino acids commonly found in naturally occurring proteins.

The MPEP states: “Nucleotide sequences are further limited to those that can be represented by the symbols set forth in 37 CFR 1.822(b) and Appendices A and B to 37 CFR part 1, Subpart G” and “Amino acid sequences are further limited to those in 37 CFR 1.822(b) and Appendices C and D to 37 CFR part 1, Subpart G and those L-amino acids that are commonly found in naturally occurring proteins.“

It’s important to note that the presence of non-typical linkages or modifications doesn’t necessarily exclude a sequence from these rules, but the presence of D-amino acids in a sequence will exclude it from the scope of the rules.