How do I amend a “Sequence Listing” in a granted patent?
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.
Amending a “Sequence Listing” in a granted patent is addressed in 37 CFR 1.825(d). The process applies to amendments made by certificate of correction, reissue, or reexamination.
The MPEP states: “Any appropriate amendments to the ‘Sequence Listing’ in a patent (e.g., by reason of reissue, reexamination, or a certificate of correction) must comply with the requirements of paragraph (b) of this section.“
This means that the requirements for amending a “Sequence Listing” in a granted patent are the same as those for amending a “Sequence Listing” in a pending application, which include:
- Submitting a replacement “Sequence Listing”
- Providing statements about the changes, basis for the amendment, and absence of new matter
- Submitting a new or substitute CRF if necessary
- Including an incorporation by reference statement if the replacement is an ASCII plain text file