On December 29, 2020, the Brazilian Patent and Trademark Office (BPTO) published Ordinance No. 405, which updates proceedings related to submission of sequence listings, as well as the rules for proper representation of nucleotides and/or amino acids sequences on said listings. According to such Ordinance, the filing of sequence listings before the BPTO by means of CDs, DVDs or hard copies is no longer possible.
Ordinance No. 405 also provides that sequence listings may be submitted following both WIPO Standards ST.25 (TXT) and ST.26 (XML) between January 2, 2021, and December 31, 2021. During this period, applicants may voluntarily present sequence listings with Standard ST.26 (aiming at evaluating the system), which will become mandatory as from January 1, 2022. In order to support the implementation of new Standard ST.26, the World Intellectual Property Organization (WIPO) has developed a tool named WIPO Sequence (available for download here), which allows to prepare, edit and check sequence listings in XML format.
More information (in Portuguese) can be obtained at: https://www.gov.br/inpi/pt-br/servicos/patentes/materiais-de-consulta-e-apoio-1/listagem-de-sequencias-biologicas-st26/listagem-de-sequencias-biologicas
It is important to point out that the filing of a sequence listing is mandatory to the assessment of sufficient disclosure requirement of patent applications that aim to protect modified biological molecules.
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