What is considered a “sequence” for the purpose of assigning sequence identifiers?

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(a), a “sequence” that requires a separate sequence identifier is defined by WIPO Standard ST.26, paragraph 7, as:

• An unbranched sequence or a linear region of a branched sequence containing ten or more specifically defined nucleotides, with adjacent nucleotides joined by a 3′ to 5′ (or 5′ to 3′) phosphodiester linkage or any chemical bond mimicking naturally occurring nucleic acids.
• An unbranched sequence or a linear region of a branched sequence containing four or more specifically defined amino acids, forming a single peptide backbone joined by peptide bonds.

The MPEP states: “WIPO Standard ST.26, paragraph 10, requires each ‘sequence’ be assigned a separate sequence identifier, including a sequence which is identical to a region of a longer sequence.” This means that even subsequences meeting these criteria must be assigned unique identifiers.