MPEP § 2422.08 — Presumptions Regarding Compliance
Ninth Edition, Revision 01.2024 · last revised R-07.2022
[Editor Note: This section is not applicable to 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). See MPEP §§ 2412-2419 for guidance on WIPO ST.26 requirements for applications filed on or after July 1, 2022.]
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 1.821 through 37 CFR 1.825 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
- 2412 The Requirements for Patent Applications Containing Nucleotide Sequence and/or Amino Acid Sequence Disclosures to Include a Sequence Listing in XML file format
- 2419 Publishing of Patent Grants and Patent Application Publications with a “Sequence Listing XML”
- 35 U.S.C. 112 (pre-AIA) Specification
- 37 CFR 1.821 Nucleotide and/or amino acid sequence disclosures in patent applications
- 37 CFR 1.825 Amendments to add or replace a “Sequence Listing” and CRF copy thereof