How should amendments be made to ASCII plain text files submitted in a patent application?
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.
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