How should circular nucleotide sequences be represented in patent applications?

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.

According to MPEP 2412.05(b), circular nucleotide sequences in patent applications should be represented as follows:

• The applicant must choose the nucleotide in residue position number 1
• Numbering is continuous throughout the entire sequence in the 5′ to 3′ direction
• The last residue position number must equal the total number of nucleotides in the sequence

The MPEP states, “When nucleotide sequences are circular in configuration, applicant must choose the nucleotide in residue position number 1. Numbering is continuous throughout the entire sequence in the 5′ to 3′ direction, or in the direction that mimics the 5′ to 3′ direction.” This approach ensures consistency in representing circular nucleotide sequences in patent applications.