What is the USPTO’s current policy on nucleotide sequences in patent applications?
The USPTO’s current policy on nucleotide sequences in patent applications is based on the 2007 Official Gazette notice, which rescinded the 1996 waiver that allowed multiple nucleotide sequences in a single application. According to MPEP 803.04:
“In 2007, the Commissioner for Patents rescinded the waiver. See Examination of Patent Applications Containing Nucleotide Sequences, 1316 OG 123 (March 27, 2007). All pending applications are subject to the 2007 OG notice.”
This means that nucleotide sequences encoding different proteins are generally considered independent and distinct inventions, subject to restriction requirements under 35 U.S.C. 121 and 37 CFR 1.141.
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