U.S. Patent and Trademark Office Issues Notice on Patent Applications Containing Nucleotide Sequences

On March 12, 2007, the U.S. Patent and Trademark Office posted a notice on restriction requirements in patent applications containing nucleotide sequences. The 2007 Notice rescinds a 1996 Notice on the subject and is effective immediately.

The 2007 Notice states that the Office has rescinded the partial waiver of 37 C.F.R. §§ 1.141 et seq. issued in the 1996 Notice, which allowed for examination of up to 10 nucleotide sequences in a single application. As such, claims to nucleotide sequences in all pending applications and future applications not yet under examination will be considered for independence, relatedness, distinction, and burden as for claims to any other type of molecule. The 2007 Notice does not apply to currently pending applications in which an office action on the merits has been issued, absent extenuating circumstances.

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