What are the implications of the 2007 USPTO policy change for pending applications with multiple nucleotide sequences?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. The 2007 USPTO policy change, which rescinded the 1996 waiver allowing multiple nucleotide sequences in a single application, has specific implications for pending applications. MPEP 803.04 states: “All pending applications are subject to the 2007 OG notice. Note, however, that supplemental restriction requirements will not be advanced in applications that have already received an action on their merits for multiple nucleotide sequences in the absence of extenuating circumstances.” This means that while all pending applications are subject to the 2007 policy, the USPTO will not issue new restriction requirements for applications that have already been examined with multiple nucleotide sequences, unless there are extenuating circumstances. This approach balances the new policy with fairness to applicants who filed under the previous understanding. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Pending Applications Subject to 2007 OG Notice MPEP 803.04 Supplemental Restriction Not Advanced for Multiple Sequences MPEP 803.04 Permitting Multiple Nucleotide Sequences in Single Application MPEP 803.04 Permitted Number of Nucleotide Sequences in Single Application MPEP 803.04 Commissioner Rescinded Waiver for Nucleotide Sequences MPEP 803.04 Treatment of Nucleotide Sequence Claims in PCT and National Stage Applications MPEP 803.04 Nucleotide Sequences Represent Independent Inventions MPEP 803.04 Petition to Traverse Restriction Requirement MPEP 803.03 Examination of Patent Applications Containing Nucleotide Sequences MPEP 803.04 Restriction and Examination of Polynucleotide Inventions MPEP 803.04 Other Related FAQs 5 FAQs Collapse What is the difference between the 19...