How are nucleotide sequences treated in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Nucleotide Sequences Are Independent Inventions MPEP 2434 Examination of Patent Applications Containing Nucleotide Sequences MPEP 2434 Different Proteins Require Independent Claims MPEP 2434 Restriction and Examination of Polynucleotide Inventions MPEP 2434 Nucleotide Sequences Represent Independent Inventions MPEP 803.04 Claims Containing Nucleotide Sequences Lacking Unity of Invention Must Be Amended MPEP 2434 Different Proteins Require Separate Inventions MPEP 803.04 Supplemental Restriction Not Advanced For Merit Actions MPEP 2434 Claims to Polynucleotides Treated Like Other Molecules MPEP 2434 Requirement for Electing Independent and Distinct Inventions MPEP 803.03 Permitted Other Related FAQs 5 FAQs Collapse What guidelines apply to the examination of patent applications containing nucleotide sequences? How are claims with multiple sequences treated under MPEP 2434? How does MPEP 2434 address variants of claimed nucleotide sequences? How are restriction requirements handled for nuc...