How does the Patent Law Treaties Implementation Act (PLTIA) affect Sequence Listing requirements?
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.
The Patent Law Treaties Implementation Act (PLTIA) has significantly impacted Sequence Listing requirements for patent applications. According to MPEP 2415.01:
“For applications filed on or after September 16, 2012, the PLTIA amended 35 U.S.C. 112(a) to require the specification to contain a Sequence Listing for any disclosed nucleotide and/or amino acid sequences.”
This change means:
- Sequence Listings are now mandatory for all disclosed sequences, not just claimed ones.
- The XML format requirement aligns with international standards.
- It ensures better compatibility with global patent systems and databases.
Understanding these changes is crucial for inventors and patent practitioners dealing with biotechnology-related applications.
Topics:
MPEP 2400 - Biotechnology
MPEP 2415.01 - Determining When A Sequence Listing In Xml Format Must Be Submitted
Patent Law
Patent Procedure