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ARTICLE · 23 JUNE 2022

Prosecution Pointer 334

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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With the adoption of ST.26 as the new standard for sequence listings, the USPTO has revised its regulations. On May 20, 2022, the USPTO published a final rule to implement WIPO Standard ST.26...

United StatesIntellectual Property

With the adoption of ST.26 as the new standard for sequence listings, the USPTO has revised its regulations. On May 20, 2022, the USPTO published a final rule to implement WIPO Standard ST.26 for applications filed on or after July 1, 2022 with the USPTO, along with conforming amendments to other rules. If an application has a filing date on or before June 30, 2022, any sequence listing submitted during the course of US prosecution must comply with ST.25 format. If an application has a filing date on or after July 1, 2022, any sequence listing submitted during the course of US prosecution must comply with ST.26 format. The filing date of a U.S. national phase application (i.e. an application submitted under 35 U.S.C. 371) is the international filing date. A benefit or priority claim does not entitle an application to an earlier filing date, for the purpose of determining whether a sequence listing must be ST.25 or ST.26. For more information on WIPO Standard 26 (ST.26), the standard for the presentation of nucleotide and amino acid sequence listings, a link can be found here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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