MPEP § 2413.05 — Presumptions Regarding Compliance
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).]
Neither the presence nor absence of information which is not required under the sequence rules will create a presumption that such information is necessary to satisfy any of the requirements of 35 U.S.C. 112. Further, the grant of a patent on an application that is subject to 37 CFR 1.831 through 37 CFR 1.835 constitutes a presumption that the granted patent complies with the requirements of these rules.
Cited authority
- 37 CFR 1.831 Requirements for patent applications filed on or after July 1, 2022, having nucleotide and/or amino acid sequence disclosures
- 35 U.S.C. 112 Specification
- 37 CFR 1.835 Amendment to add or replace a “Sequence Listing XML” in patent applications filed on or after July 1, 2022
- 2413 Content of a “Sequence Listing XML” and Form and Format of the “Sequence Listing XML” File