Handling Mega Applications

Gary Jones

SPE, Art Unit 1655 and 1656

(703) 308-1152

gary.jones@uspto.gov

What is a mega application?

• Patent applications having long nucleotide and/or amino acid sequence listings

What is a long nucleotide and/or amino acid sequence listing?

• Greater than 300 pages

Why Electronic Publication?

• High cost of printing

• Limited usefulness of paper copy

As of June 2001

• Lengthy nucleotide and/or amino acid sequences are no longer included with the paper and composed electronic image (page image) version of patents

Sequence Listing Availability

• USPTO sequence homepage as an ASCII text file

• http://seqdata.uspto.gov

Standard Statement

• Sequence Listing

• The patent application contains a lengthy sequence listing section. A copy of the sequence listing is available in electronic form from the USPTO web site

Sequence Data

• Sequence data may also be accessed in a more readily searchable manner from the National Center for Biotechnology Information (NCBI) at http://www.ncbi.nlm.nih.gov

Paper Copies

• Neither the paper copies of patents and patent application publications that are in the search rooms nor those sold through Patent and Trademark Copy Sales will include a sequence listing in mega applications

Applicant’s Patent

• The patent mailed to applicant will include a copy of the patent on paper and a copy of the sequence listing on an electronic medium (e.g., compact disc), if the sequence listing is not included in the patent.

Advance Copies

• Any advance copies of such a patent will include only the paper portion of the patent, and applicant will need to specifically request and pay for any additional required electronic copies of sequence listings not printed in the patent.

Copy Available

• The public can obtain an electronic copy or the sequence listing through Patent and Trademark Copy Sales for a separate fee as set forth in 37CFR1.19(b)(3)

Patent and Trademark Copy Sales

• https://www.uspto.gov/oems25p/

• (703) 308-9726

• (800) 972-6382

• fax (703) 308-7048

Change in practice• Questions regarding this chance in practice

should be directed to:

Karin Tyson, Senior Legal Advisor

Office of Patent Legal Administration,

Office of the Deputy Commissioner for Patent Examination Policy

(703) 306-3159

karin.tyson@uspto.gov

Thank You