MPEP § 2412.05(e) — Presentation of Special Situations

Ninth Edition, Revision 01.2024 · last revised R-01.2024

[Editor Note: This section is applicable to all applications with a filing date, or, for national phase applications, an international filing date, on or after July 1, 2022, having disclosure of one or more nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b)].

WIPO Standard ST.26, paragraph 35, describes that a sequence disclosed by enumeration of its residues that is constructed as a single continuous sequence from one or more non-contiguous segments of a larger sequence or of segments from different sequences must be included in the “Sequence Listing XML” and assigned its own sequence identifier, as defined in 37 CFR 1.832(a). See MPEP § 2412.05(a).

WIPO Standard ST.26, paragraph 36, describes that a sequence that contains regions of specifically defined residues separated by one or more regions of contiguous “n” or “X” residues, wherein the exact number of “n” or “X” residues in each region is disclosed, must be included in the “Sequence Listing XML” as one sequence and assigned its own sequence identifier.

WIPO Standard ST.26, paragraph 37, describes that a sequence that contains regions of specifically defined residues separated by one or more gaps of an unknown or undisclosed number of residues must not be represented in the “Sequence Listing XML” as a single sequence. Each region of specifically defined residues (as encompassed by the definition in 37 CFR 1.831(a)) must be included in the “Sequence Listing XML” as a separate sequence and assigned its own sequence identifier.