Part 8 of the Administration Instructions (AI) under the Patent
Cooperation Treaty became effective as of January 11, 2001. Under AI
§ 801(a), applicants may file the nucleotide/amino acid sequence
listing part of the description of an international application on
an electronic medium in computer readable form with certain
receiving Offices. As of September 6, 2002, AI Part 8 was expanded
to include tables related to sequence listings. At the present time,
the United States Receiving Office (RO/US) has not notified the
International Bureau (IB) under AI § 801(b) that it will be
generally accepting the filing of international applications under
AI § 801(a). The RO/US will, however, accept such applications in a
particular case pursuant to AI § 801(c), provided that applicant
follows the Guidelines set forth below. Applicants will usually
achieve a significant fee savings by filing international
applications under AI § 801(a) in situations where the sequence
listings and/or tables consume over four hundred (400) combined
pages. The potentially reduced basic fee described in AI § 803 is
available to applications filed pursuant to the Guidelines below.
Applicants who do not wish to file under AI § 801(a) may submit the
sequence listing part and any related tables under conventional
filing procedures but will not be eligible for the potentially
reduced basic fee described in AI § 803. When filing an
international application under AI § 801(a) in the RO/US, applicant
should not submit a paper copy of the sequence listing part and/or
tables. If both a sequence listing part and a tables part are filed
under AI § 801(a), the sequence listing part and the tables part
must not be filed on the same electronic medium. With specific
regard to tables, only tables which are related to sequence
listings, as referred to in PCT Rule 5.2(a), are covered under AI
Part 8. Currently, other types of table data may not be filed on
electronic media. Guidelines for Filing a Sequence Listing
Part and/or Tables Part on Electronic Media
- What to Submit
- Complete International Application with Sequence Listing
File and/or Tables File(s) on Electronic Media
- Number of Copies
Applicant shall submit four
(4) copies of the sequence listing part and/or three (3)
copies of the tables part, each copy on an electronic medium
or set of electronic media if additional capacity is needed.
One copy of the sequence listing part, called the "computer
readable form" (CRF) copy required by PCT Administrative
Instructions (AI) Annex C § 39 et seq, may be submitted on any
acceptable medium under 37 CFR 1.824(c), although compact disc
(CD) media is preferred. All other copies must be submitted
only on CD media as specified below.
- Acceptable CD Media
- CD-R
Type: 120mm Compact Disc
Recordable Specification: ISO 9660, 650MB; or
- CD-ROM
Type: ISO/IEC 10149:1995, 120mm Compact Disc
Read Only Memory Specification: ISO 9660,
650MB
- Packaging
Each electronic medium shall be
enclosed in a hard protective case within a padded envelope.
- Labeling
The four (4) sequence listing part
copies, if applicable, shall be labeled as follows:
"COPY 1 - SEQUENCE LISTING PART" "COPY 2 - SEQUENCE
LISTING PART" "COPY 3 - SEQUENCE LISTING
PART" "CRF"
The three (3) tables part copies, if
applicable, shall be labeled as follows:
"COPY 1 -
TABLES PART" "COPY 2 - TABLES PART" "COPY 3 - TABLES
PART"
Additionally, the labeling shall contain the
following information:
- Name of Applicant
- Title of Invention
- Applicant's or Agent's File Reference Number
- Date of Recording
- Computer Operating System Used
- Name of the Competent Authority (i.e. the RO/US)
- Indication that the sequence listing part and/or tables
part is being filed under AI § 801(a)
- If the sequence listing file and/or tables file(s)
consumes more than one CD, an indication such as "DISK 1/3",
"DISK 2/3", and "DISK 3/3"
- For a CD containing tables, an indication such as
"TABLES 1 to 450"
Examples of
properly labeled electronic media appear below.
Important Notes:
- The electronic medium itself must be neatly labeled with
the required information. Labeling of the protective case is
optional but preferred.
- Sequence listings or tables submitted for correction,
rectification, or amendment must satisfy the additional
labeling requirements of AI § 802(d).
- Contents of CDs
Each CD shall contain either:
(1) only a sequence listing part or (2) only a tables part. A
sequence listing part and a tables part must not reside
together on the same CD. A tables part must consist of one
electronic file per table. Furthermore, each file in the
tables part must have a filename which indicates the name of
the table contained therein, e.g. "table-1.txt",
"table-2.txt", etc. In addition, no programs or explanatory
files shall appear on any CD.
- File Format
The sequence listing file and/or
tables file(s) must be in compliance with the American
Standard Code for Information Interchange (ASCII) and
formatted in accordance with AI Annex C ¶ 41 and Annex C-bis.
No copy protection or encryption techniques are permitted.
File compression is acceptable for the sequence listing part,
so long as the compressed file is in a self-extracting format
and uses the compression method described in AI Part 7, Annex
F, Section 4.1.1. File compression is not permitted for the
tables part.
- A document entitled "Compact Disc Transmittal Sheet For
Submission Of Sequence Listing and/or Tables To The United
States Receiving Office Under PCT Administrative Instructions -
Part 8" containing the following information:
Download a sample
sheet in Adobe PDF format. The PDF sheet is provided online
as a convenience. It must be printed, completed, and submitted
with the electronic media. A text
description of the sample sheet is available. The text
description is intended only as an aid for understanding the PDF
sheet but cannot be submitted in lieu of the PDF sheet.
- Name of Applicant
- Applicant's or Agent's File Reference Number
- Title of Invention
- Name of Sequence Listing File and/or Tables File(s) (as
per CD directory)
- Size of Sequence Listing File and/or Tables File(s) (in
bytes or kilobytes as per CD directory)
- Date of Sequence Listing File and/or Tables File(s) (as
per CD directory)
- Statement that the four (4) submitted copies of the
Sequence Listing Part and/or three (3) submitted copies of the
Tables Part are identical
- Contact information
- Name of Contact
- Telephone Number
- Facsimile Number
- Signature of Applicant, Agent, or Common Representative
Note: The "Compact Disc Transmittal Sheet
For Submission Of Sequence Listing and/or Tables To The United
States Receiving Office Under PCT Administrative Instructions -
Part 8" is separate and apart from any other transmittal letter.
The Transmittal Sheet requirement cannot be satisfied by
incorporating the obligatory information into any other
document.
- Where to Submit
The entire international
application, including the items set forth in Section I of these
Guidelines, should be deposited by one of the following methods:
- Mail by United States Postal Service (Express Mail,
Priority Mail, First Class Mail, etc.) to:
Mail Stop
PCT Commissioner for Patents P.O. Box 1450 Alexandria,
VA 22313-1450
- Mail by Federal Express, United Parcel Service, or other
delivery service or hand carry to:
U.S. Patent and
Trademark Office Mail Stop PCT Customer Service
Window Randolph Building 401 Dulany
Street Alexandria, VA 22314
- Questions Concerning Submissions of Sequence Listings
and/or Tables on Electronic Media
Contacts:
- Bryan Tung, PCT Legal Examiner, Office of PCT Legal
Administration
bryan.tung@uspto.gov or
(571) 272-3303
- Susan Wolski, PCT Special Programs Examiner, Office of PCT
Legal Administration
susan.wolski@uspto.gov
or (571) 272-3304
PRIVACY POLICY
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