2421.01 Definition of “Sequence Listing” and Computer Readable Form (CRF) [R-07.2022]

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byChhabra Law Firm

2421.01 Definition of “Sequence Listing” and Computer Readable Form (CRF) [R-07.2022]

[Editor Note: This MPEP 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 applications filed on or after July 1, 2022.]

The sequence rules (37 CFR 1.821 –1.825) require the use of standard symbols and a standard format for submitting sequence data in most patent applications that disclose nucleic acid or amino acid sequences. For purposes of the sequence rules and the discussion in MPEP Chapter 2400, the phrase “disclose(d) (or disclosure(s) of) nucleic acid or amino acid sequences” is intended to refer to those nucleic acid or amino acid sequences that are described in the patent application by enumeration of their residues and that meet the length thresholds of 37 CFR 1.821(a).

37 CFR 1.821(c) requires that applications containing disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR 1.821(a) contain, as a separate part, a disclosure of the nucleotide and/or amino acid sequences, and associated information, using the format and symbols that are set forth in 37 CFR 1.822 and 37 CFR 1.823. This separate part of the disclosure is referred to as the “Sequence Listing”. See MPEP § 2422.03 for additional information.

37 CFR 1.821(e) requires a separate computer readable form (CRF) of the “Sequence Listing” under certain circumstances. The CRF is an ASCII plain text file of the sequence information relating to the disclosure of the nucleotide and/or amino acid sequences using the symbols, format, content and file requirements of 37 CFR 1.822. See 37 CFR 1.824. The CRF may be submitted on read-only optical disc or may be submitted as an ASCII plain text file via the Office patent electronic filing system, pursuant to 37 CFR 1.821. The requirements regarding the CRF are discussed in detail in MPEP § 2422.04.