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Patent Alert

USPTO updates rules in view of revision to WIPO Standard ST.26

The United States Patent and Trademark Office (USPTO) has issued a final rule updating its regulations concerning patent application disclosures containing nucleotide and/or amino acid sequences. The updated regulations reflect the adoption by the World Intellectual Property Organization (WIPO) of version 1.7 of its Standard ST.26. The final rule will be effective Monday, July 1, 2024.

The USPTO first amended its rules in 2022 to refer to certain provisions of WIPO Standard ST.26. In addition to simplifying the process for applicants filing in multiple countries, ST.26 requires submission of a single-sequence listing in eXtensible Markup Language (XML). The XML format provides the public with better preservation, accessibility, and sorting of the submitted sequence data. Among other improvements, version 1.7 of ST.26 provides technical terminology consistency and improves descriptions.

You can find the full text of the final rule in the Federal Register and on the USPTO’s Patent-Related Notices webpage.

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