When is it appropriate to include sequences in patent drawings?
While sequences should generally be included in the Sequence Listing XML rather than duplicated in drawings, there are several situations where including sequences in patent drawings may be appropriate or necessary. According to MPEP 2412.06:
“Many significant sequence characteristics may only be demonstrated by a figure. This is especially true in view of the fact that the representation of double stranded nucleotides is not permitted in the ‘Sequence Listing XML’ and many significant nucleotide features, such as ‘sticky ends’ and the like, may only be shown effectively by reference to a drawing figure.”
Sequences may be included in drawings to:
- Demonstrate significant sequence characteristics
- Represent double-stranded nucleotides
- Show nucleotide features like “sticky ends”
- Depict similarity or homology between sequences
- Illustrate structural features of proteins (e.g., epitopes, interaction domains)
However, if a sequence is presented in a drawing, it must still be included in the Sequence Listing XML if it falls within the definition in 37 CFR 1.831(b), and a sequence identifier must be used.
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