Procedures for Filing Eurasian Applications, Containing Nucleotide and/or Amino Acid Sequences
Approved by EAPO Order
of March 29, 2004, No 7
If a Eurasian application contains an invention relating to sequences of nucleotides and/or amino acids, which are disclosed to characterize the invention and/or to allow its enablement, the description of the invention in the Eurasian application shall contain listings of these sequences in accordance with the requirements of WIPO ST.25 (Annex 1).
In accordance with Rule 23(8) of the Patent Regulations to the Eurasian Patent Convention (hereinafter – Patent Regulations), the listings of sequences of nucleotides and/or amino acids (hereinafter – listing), mentioned in Par.1 of the present Procedures, shall be presented on machine-readable carriers and in accordance with WIPO ST.25.
Types of machine-readable carriers, which may be used for presentation of listings, as well as technical requirements to the fixation of the sequence listings on machine-readable carriers are given in Annex 2 to the present Procedures.
In the event that the sequence listing is presented in printed form, the same listing in electronic form on a machine-readable carrier shall be presented upon request from the examiners within a time period, stipulated in Rule 49(4) of the Patent Regulations.
Machine-readable carriers, containing listings, shall be presented in such a number of copies as required under Rule 29(1) of the Patent Regulations.
When presenting sequence listings in printed form, with attached machine-readable copies, the applicant shall present a declaration on the identity of the sequence listings on paper and on machine readable carriers. An indicative text of such a declaration is shown in Annex 3 to the present Procedures.
When a Eurasian application contains a machine-readable carrier with sequence listings, the “Other Documents” paragraph of the request for grant of a Eurasian patent shall indicate the type of the attached machine-readable carrier (for example, “CD”); “Declaration”, if it is attached.
If the sequence listing is presented on a machine-readable carrier of a different type than those, provided for under the present Procedures, or if the sequence listing is recorded not in compliance with the established technical requirements, the Eurasian Patent Office (hereinafter- EAPO) shall notify the applicant of the need to correct these deficiencies and replace the machine-readable carrier.
If the presented machine-readable carrier, containing the sequence listing, is damaged or is unreadable, the EAPO shall notify the applicant of the need to replace the machine-readable carrier.
In the absence of the required number of copies of the machine-readable carrier, the missing copies shall be produced by the EAPO at the expense of the applicant.
A sequence listing, filed after the filing date, shall not be accepted as part of the description of the invention.
Changes, amendments and corrections shall be introduced into the sequence listings as prescribed under Rule 49(2) of the Patent Regulations.
Such changes, amendments and corrections in the sequence listing shall be made through presenting a new machine-readable carrier, containing the whole changed, amended or corrected sequence listing.
When changes, amendments or clarifications are introduced into a sequence listing after the filing date of the Eurasian application, the applicant shall attach a written declaration that the changed, amended or clarified sequence listing does not affect the essence of the invention (does not go beyond the originally disclosed content of the Eurasian application). An indicative text of such a declaration is given in Annex 4 to the present Procedures.
Annex 1. WIPO Standard ST.25
Annex 2. Requirements to the Presentation of Machine-Readable Files Containing Nucleotide and/or Amino Acid Sequence Listings
Annex 3. Declaration on the Identity of a Sequence Listing in Printed Form and on the Machine-Readable Carrier
Annex 4. Declaration of No Effect of an Amended, Clarified or Corrected Sequence Listing on the Essence of the Invention