The USPTO lowers barriers to international IP protection by implementing WIPO standard ST.26

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USPTO lowers barriers to international IP protection by implementing WIPO standard ST.26

The United States Patent and Trademark Office (USPTO) issued a final rule for submitting biological sequence data associated with disclosures of nucleotide and amino acid sequences in patent applications. The rule incorporates by reference the provisions of World Intellectual Property Organization (WIPO) Standard ST.26.

This rulemaking requires an applicant to submit a single, internationally acceptable sequence listing in a language-neutral format using specified identifiers. The rule applies to international applications filed under the Patent Cooperation Treaty and to national and regional applications filed in the intellectual property offices of WIPO member states, for filing dates on or after July 1, 2022. In addition to simplifying the process for applicants filing in multiple countries, a requirement to submit a single sequence listing in eXtensible Mark-up Language (XML) format will result in better preservation, accessibility, and searching of the submitted sequence data for the public.

You can find the full text of the final rule in the Federal Register and on the USPTO’s Patent Related Notices webpage. The final rule will be effective July 1, 2022.

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