MPEP 2412.05(e)
Presentation of Special Situations

Ninth Edition of the MPEP, Revision 07.2022, Last Revised in February 2023

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2412.05(e)    Presentation of Special Situations [R-07.2022]

[Editor Note: This section is applicable to all 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).]

37 C.F.R. 1.832  Representation of nucleotide and/or amino acid sequence data in the "Sequence Listing XML" part of a patent application filed on or after July 1, 2022.

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  • (d) A nucleotide and/or amino acid sequence that is constructed as a single continuous sequence derived from one or more non-contiguous segments of a larger sequence or of segments from different sequences must be listed in the "Sequence Listing XML" in the manner described in paragraph 35 of WIPO Standard ST.26.
  • (e) A nucleotide and/or amino acid 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 listed in the "Sequence Listing XML" in the manner described in paragraph 36 of WIPO Standard ST.26.
  • (f) A nucleotide and/or amino acid sequence that contains regions of specifically defined residues separated by one or more gaps of an unknown or undisclosed number of residues must be listed in the "Sequence Listing XML" in the manner described in paragraph 37 of WIPO Standard ST.26.

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.

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 definitions in 37 CFR 1.831(b) ) must be included in the "Sequence Listing XML" as a separate sequence and assigned its own sequence identifier.