How are patent applications with lengthy sequence listings published?

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.

According to MPEP 2435, patent applications with lengthy sequence listings are published as follows:

  • The specification, claims, and drawings are published in the Patent Application Publication.
  • The sequence listing is published separately as a Sequence Listing XML file on the USPTO website.
  • A statement is included in the Patent Application Publication indicating the publication of the Sequence Listing XML file.

The MPEP states: “For applications filed on or after September 16, 2012, having a sequence listing that is 300 KB or less in size, the sequence listing will be published as part of the patent document. If the sequence listing is greater than 300 KB in size, the patent document will include an incorporation-by-reference of the electronic version of the sequence listing, and the sequence listing itself will be published as a separate document.”

Topics: MPEP 2400 - Biotechnology MPEP 2435 - Publishing Of Patents And Patent Application Publications With A Lengthy "Sequence Listing" Patent Law Patent Procedure
Tags: biotechnology patents, Patent Publication, sequence listing, USPTO