Patent applications that contain nucleotide and/or amino acid sequence disclosures must include a copy of the sequence listing in accordance with the requirements in 37 CFR 1.821-1.825 and World Intellectual Property Organization (WIPO) Standard ST.25 (1998). Applicants may submit sequence listings for both U.S. and international patent applications. The sequence listings may be submitted on paper, compact disc, or electronically over the Internet. The USPTO uses the sequence listings to determine the patentability of the associated patent application and to support the publication of applications and issued patents. Applicants use sequence data when preparing biotechnology patent applications and may also search sequence listings after publication.
If the computer readable form (CRF) sequence listing in a new application is identical to the CRF sequence listing of another application that the applicant already has on file at the USPTO, 37 CFR 1.821(e) permits the applicant to refer to the CRF listing in the other application rather than having to submit a duplicate copy of the CRF listing for the new application. In such a case, the applicant may submit a letter identifying the application and CRF sequence listing that is already on file and stating that the sequence listing submitted in the new application is identical to the CRF copy already filed with the previous application. The USPTO is proposing to add a new form to this collection, Request for Transfer of a Computer Readable Form Under 37 CFR 1.821(e) (PTO/SB/93), in order to assist customers in submitting this statement. The addition of this form results in an increase of 250 burden hours but is offset by a decrease in 200 burden hours from the elimination of CD sequence listing submissions for international applications, for a net increase of 50 burden hours as a program change. The increase of 86,403 burden hours from administrative adjustments is due to revised estimates for annual responses and time per response for sequence listing submissions. For annual cost burden, decreases of $896,920 from program changes are due to changes in fees and the elimination of CD sequence listing submissions for international applications, while decreases of $2,467,959 from administrative adjustments are based on revised estimates for annual responses that in turn result in a decrease in related annual costs.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form PTO/SB/93 Request for Transfer of a Computer Readable Form under 37 CFR 1.821(e)
USPTO-infoqualityguide-092008.pdf
Sequence Listing in Application (paper)