What are the requirements for adding a “Sequence Listing” after the application filing date?
According to 37 CFR 1.825(a), adding a “Sequence Listing” after the application filing date requires:
- Submission of the “Sequence Listing” in one of three formats: ASCII plain text file, PDF file, or physical sheets of paper
- A request to make the amendment by incorporation by reference or insertion into the specification
- A statement indicating the basis for the amendment
- A statement that the “Sequence Listing” includes no new matter
- A new or substitute CRF (if applicable)
- A statement that the CRF contains the same sequence information as the added “Sequence Listing” (if applicable)
The MPEP states: “If the ‘Sequence Listing’ is filed as an ASCII plain text file only, thereby serving both as a ‘Sequence Listing’ under 37 CFR 1.821(c) and a CRF under 37 CFR 1.821(e), then an incorporation by reference statement is required in the specification (replacing any prior such paragraph) (see 37 CFR 1.77(b)(5)).“
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2426 - Amendments To Add Or Replace A "Sequence Listing" And Crf Copy Thereof Subject To Wipo St. 25,
Patent Law,
Patent Procedure