When does MPEP 2412.03(e) apply to patent applications?

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.

The applicability of MPEP 2412.03(e) is clearly stated in the section:

“[Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]”

This means that the definition and requirements for “Modified Nucleotide” apply to patent applications that:

• Are filed on or after July 1, 2022
• Contain disclosures of nucleotide and/or amino acid sequences
• Meet the definition criteria in 37 CFR 1.831(b)