How should regions of consecutive modified nucleotides be described in a patent application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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), regions of consecutive modified nucleotides in patent applications should be described as follows:
- Describe the region in a feature table as required for a modified nucleotide
- Modified nucleotides in the region can be jointly described in a single INSDFeature element
- Provide the most restrictive unabbreviated chemical name or a list of chemical names in the “note” qualifier
- If an individual modified nucleotide in the region has an additional modification, describe it separately in the feature table
The MPEP states, “A nucleotide sequence including one or more regions of consecutive modified nucleotides that share the same backbone moiety must be further described in a feature table as required for a modified nucleotide.” This approach ensures comprehensive and accurate description of modified nucleotide regions in patent applications.
Topics:
MPEP 2400 - Biotechnology
MPEP 2412.05(B) - Representation And Symbols Of Nucleotide Sequence Data
Patent Law
Patent Procedure