How does unity of invention apply to nucleotide sequences?
Unity of invention for nucleotide sequences in PCT applications is addressed specifically in MPEP 1850. The key points are:
- Nucleotide sequences encoding the same protein are considered to satisfy the unity of invention standard and will continue to be examined together.
- This is an exception to the general rule that requires “one or more of the same or corresponding special technical features” for unity of invention.
- Even if the nucleotide sequences have some differences, as long as they encode the same protein, they are considered to have unity of invention.
It’s important to note that while nucleotide sequences encoding the same protein are treated as having unity of invention, other types of related nucleotide sequences (e.g., regulatory sequences, non-coding RNAs) may still need to meet the general unity of invention criteria.
For more detailed examples and guidelines on unity of invention involving biotechnological inventions, including nucleotide sequences, refer to Chapter 10 of the International Search and Preliminary Examination Guidelines available on the WIPO website.
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