How should a “Sequence Listing” be incorporated by reference in a patent application?
For patent applications other than international applications in the international stage, the “Sequence Listing” must be incorporated by reference in the specification. According to 37 CFR 1.823(b)(1):
“37 CFR 1.823(b)(1) sets forth a requirement for applications, other than an international application in the international stage, to contain, in the specification of the patent application, an express incorporation by reference of the material submitted as an ASCII plain text file via the USPTO patent electronic filing system or on a read-only optical disc(s) identifying the name of the file, the date of creation, and the size of the file in bytes.“
This means that when submitting a “Sequence Listing” as an ASCII plain text file or on a read-only optical disc, you must include a statement in the specification that incorporates this file by reference, including specific details about the file.
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