How should amendments be made to ASCII plain text files submitted in a patent application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
Amendments to ASCII plain text files submitted in a patent application must be made by submitting a replacement file. The process for submitting amendments varies depending on the type of content:
- For “Computer Program Listing Appendix”: Submit a replacement ASCII plain text file via the USPTO patent electronic filing system or on a read-only optical disc. Include a request to amend the specification to incorporate the replacement file by reference. (37 CFR 1.96(c)(5))
- For “Large Tables”: Submit a replacement ASCII plain text file via the USPTO patent electronic filing system or on a read-only optical disc. Include a request to amend the specification to incorporate the replacement file by reference. (37 CFR 1.58(g))
- For “Sequence Listing”: Submit a replacement ASCII plain text file via the USPTO patent electronic filing system or on a read-only optical disc. Include a statement of no new matter and identify the basis for the amendment. (37 CFR 1.825)
In all cases, provide a statement identifying the location of all deletions, replacements, or additions to the ASCII plain text file. If submitted on a read-only optical disc, the replacement disc must be labeled appropriately.