What should I include in a statement for replacing a sequence listing?

When replacing a sequence listing in a patent application, the MPEP provides guidance on what to include in your statement. The sample statement covers three key points:

1. Identifying changes to the previous sequence listing
2. Asserting support in the original application
3. Declaring no new matter has been added

Here’s the sample statement from the MPEP:

“I hereby state that the previous ‘Sequence Listing’ that is replaced by the currently submitted replacement ‘Sequence Listing’ in accordance with 37 CFR 1.825(b) is amended by [identify the location of all deletions, replacements, or additions to the previous ‘Sequence Listing’]. I hereby state that the replacement ‘Sequence Listing’, made in accordance with 37 CFR 1.825(b) is supported in the application, as originally filed, at [insert the basis for all sequence data in the ‘Sequence Listing’ with specific references to particular parts of the application (specification, claims, drawings) as originally filed]. I hereby state that the replacement ‘Sequence Listing’, submitted in accordance with 37 CFR 1.825(b), includes no new matter.”

This statement complies with 37 CFR 1.825(b)(3), (4), and (5). It’s crucial to be specific about the changes made and provide clear references to support in the original application.

To learn more:

• Sequence Listings
• Patent Amendments
• Replacement Statements
• USPTO Requirements