Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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 2412.03, certain sequences must be excluded from a Sequence Listing XML:
- Sequences having fewer than 10 specifically defined nucleotides
- Sequences having fewer than 4 specifically defined amino acids
The MPEP cites 37 CFR 1.831(j), which states: A “Sequence listing XML” must not include any sequences having fewer than 10 specifically defined nucleotides, or fewer than 4 specifically defined amino acids.
This exclusion ensures that only sequences meeting the minimum length requirements are included in the Sequence Listing XML, simplifying the patent examination process for biotechnology inventions.
Topics:
MPEP 2400 – Biotechnology
MPEP 2412.03 – Nucleotides And Amino Acids Included And Excluded From A "Sequence Listing Xml"
Patent Law
Patent Procedure