How are nucleotide sequences treated in patent applications?
Nucleotide sequences that encode different proteins are typically treated as structurally distinct chemical compounds in patent applications. The MPEP states:
“Polynucleotide molecules defined by their nucleic acid sequence (hereinafter “nucleotide sequences”) that encode different proteins are structurally distinct chemical compounds. These sequences are thus deemed to normally constitute independent and distinct inventions within the meaning of 35 U.S.C. 121.”
This means that each unique nucleotide sequence is generally presumed to represent an independent and distinct invention, which may be subject to restriction requirements.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2434 - Examination Of Patent Applications Claiming Large Numbers Of Nucleotide Sequences,
Patent Law,
Patent Procedure