How are restriction requirements handled for nucleotide sequence inventions in national applications?
For national applications filed under 35 U.S.C. 111(a), the handling of restriction requirements for nucleotide sequence inventions follows standard procedures. MPEP 2434 states:
“For national applications filed under 35 U.S.C. 111(a), polynucleotide inventions will be considered for restriction, rejoinder, and examination practice in accordance with the standards set forth in MPEP Chapter 800.”
This means that claims to polynucleotide molecules are evaluated for independence, relatedness, distinction, and burden in the same manner as claims to any other type of molecule. Examiners will apply the principles outlined in MPEP Chapter 800 when considering restriction requirements for these inventions.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2434 - Examination Of Patent Applications Claiming Large Numbers Of Nucleotide Sequences,
Patent Law,
Patent Procedure