MPEP Q & A 324: Name items that must be submitted when adding a “Sequence Listing” after the application filing date.

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Patent Bar MPEP Q & A Podcast

Lisa Parmley, USPTO Patent Practitioner #51006

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2 weeks ago

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MPEP Q & A 324: Name items that must be submitted when adding a “Sequence Listing” after the application filing date.

Patent Bar MPEP Q & A Podcast

3 minutes 1 second

7 months ago

MPEP Q & A 324: Name items that must be submitted when adding a “Sequence Listing” after the application filing date.

Question:
Name at least two items that must be submitted when adding a “Sequence Listing” after the application filing date.
Answer:
Adding a “Sequence Listing” after the application filing date involves the submission of:

* (1) a “Sequence Listing” either as a PDF image file, on physical sheets of paper, or as an ASCII plain text file submitted via the USPTO patent electronic filing system or on read-only optical disc(s),
* (2) a request that the amendment be made by either incorporation by reference in the case of ASCII plain text files or inserting text into the specification in the case of PDF image files or physical sheets of paper,
* (3) a statement that indicate the basis for the amendment in the application, as originally filed,
* (4) a statement that the “Sequence Listing” includes no new matter,
* (5) a new or substitute CRF when the submission is a PDF image file or on physical sheets of paper, and
* (6) a statement that the sequence information contained in the CRF is the same as the sequence information contained in the added “Sequence Listing” when the submission is a PDF image file or on physical sheets of paper.

Chapter Details:
The answer to this question can be found in chapter 2400 of the MPEP. This chapter covers Biotechnology.
The answer is from the 9th Edition, Revision 07.2022, Published February 2023. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
Section Summary:
This question and answer comes from section 2426 of the MPEP. The following is a brief summary of section 2426.
2426 Amendments to Add or Replace a “Sequence Listing” and CRF Copy Thereof Subject to WIPO ST. 25
This section discusses how to use amendments to add or replace a sequence listing. 37 CFR 1.825 sets forth the procedures for adding or replacing the “Sequence Listing” and the CRF thereof.