How does the USPTO handle restriction requirements for nucleotide sequences in national applications?
For national applications filed under 35 U.S.C. 111(a), the USPTO handles restriction requirements for nucleotide sequences according to the standards in MPEP Chapter 800. As stated in MPEP 803.04:
“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 standard restriction practice to determine if different nucleotide sequences constitute separate inventions requiring restriction.
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