What is the definition of “nucleotide” according to the MPEP?

According to MPEP 2412.03(d), a “nucleotide” is defined as follows:

“‘Nucleotide’ includes any nucleotide, nucleotide analog, or modified nucleotide as defined in paragraphs 3(f) and 3(g) of WIPO Standard ST.26.”

This definition encompasses a wide range of nucleotide structures, including both natural and modified forms. The MPEP further elaborates that a nucleotide contains:

  • A specific backbone moiety (e.g., 2′ deoxyribose 5′ monophosphate or ribose 5′ monophosphate)
  • A nucleobase or an analogue structure capable of base pairing

This broad definition is important for patent applications involving nucleotide sequences, as it allows for the inclusion of various modified and synthetic nucleotides in sequence disclosures.

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Topics: MPEP 2400 - Biotechnology, MPEP 2412.03(D) - "Nucleotide", Patent Law, Patent Procedure
Tags: Biotechnology, Nucleotide, patent applications, Sequence Disclosures, wipo standard st.26