7. Sequence Listing (when necessary)

This section, for the disclosure of a nucleotide and/or amino acid sequence, should contain a listing of the sequence complying with 37 CFR sect. 1.821 through 37 CFR sect. 1.825 and may be in paper or electronic form.

Obtaining Receipt for Documents Mailed to USPTO

A receipt for documents mailed to the USPTO can be obtained by attaching a stamped, self-addressed postcard to the first page of the documents. The postcard should contain a detailed list that identifies each type of document and the number of pages of each document. Upon receipt at the USPTO, the detailed list on the postcard will be compared to the actual contents of the delivery. Any discrepancies between the detailed list and the actual contents will be noted on the postcard. The postcard will be initialed and date stamped by the person at the USPTO who received the delivery. The postcard will be returned by mail to the addressee whose name appears on the postcard.

The returned postcard serves as evidence of receipt in the USPTO of all items listed on the postcard, unless otherwise noted by the USPTO on the postcard. That is, if the postcard receipt has been annotated to indicate that a particular paper was not received, the postcard receipt will not serve as evidence of receipt of that paper in the USPTO. Likewise, the postcard receipt will not serve as evidence of receipt of papers which are not adequately itemized.

When preparing the detailed list of documents identified on the postcard, it is important to include the following identifying information:

• the application number (if known)
• the confirmation number (if known)
• the filing date of the application (if known)
• the title of the invention
• the name of the inventor or inventors.

The postcard should also include a detailed list of every document type and the number of pages of each document that are included in the delivery. If the postcard is submitted with a patent application, the detailed listing should include the following items:

• the title and number of pages of each USPTO form
• the number of pages of specification (excluding claims)
• the number of claims and the number of claim pages
• the number of figures of drawing and the number of sheets of drawings
• whether an oath or declaration statement is included and the
• number of pages
• the type and number of other documents that are included and the
• number of pages of each document
• the amount of payment and the method of payment (i.e., check,
• credit card, money order, or deposit account).

It is important that the postcard itemizes each component of the application. For example, a general statement such as "complete application" or "patent application" or "drawings" will not show that each of the required components of an application was included if one of the items is later found to be missing by the USPTO.

When the self-addressed postcard is submitted with a utility patent application, the USPTO will stamp the postcard being returned to the addressee with both the receipt date and the application number before placing it in the outgoing mail.

Upon receipt of the returned postcard, the addressee should promptly review the postcard to ensure that all documents and all pages were received by the USPTO.

Pursuant to 35 USC 21 and 37 CFR sect. 1.10, any correspondence received by the USPTO (including an application filing) that was delivered by the ?Express Mail Post Office to Addressee? service of the United States Postal Service (USPS) will be considered filed in the Office on the date of deposit with the USPS. The date of deposit with the USPS is shown by the date on the Express Mail mailing label or other official USPS notation. If the USPS deposit date cannot be determined, however, the correspondence will be accorded the Office receipt date as the filing date. Before depositing an application with the USPS in accordance with the Express Mail procedure set forth at 37 CFR sect. 1.10, it is important to place the number of the Express Mail mailing label on the application papers. Further, only one application should be mailed in a single Express Mail package.

Drawing Requirements

Information on drawing requirements is based substantially on 37 CFR sect. 1.84. There are two acceptable categories for presenting drawings in utility patent applications: black ink (black and white) and color.

Black and white drawings are normally required. India ink, or its equivalent that secures black solid lines, must be used for drawings. Drawings made by computer printer should be originals, not photocopies.

On rare occasions, color drawings may be necessary as the only practical medium by which the subject matter sought to be patented in a utility patent application is disclosed. The USPTO will accept color drawings in utility patent applications and statutory invention registrations only after granting a petition explaining why the color drawings are necessary. Any such petition must include the following:

• the appropriate fee set forth in 37 CFR sect.1.17(h)
• three sets of color drawings; and
• the following language as the first paragraph in that portion of the specification relating to the Brief Description of the Several Views of the Drawing. If the language is not in the specification, an amendment to insert the language must accompany the petition.

  "The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee."

Photographs are not ordinarily permitted in utility patent applications. The USPTO will accept black and white photographs in utility patent applications only in applications in which the invention is not capable of being illustrated in an ink drawing or where the invention is shown more clearly in a photograph. For example, photographs or photomicrographs of electrophoresis gels, blots (e.g., immunological, western, southern, and northern), autoradiographs, cell cultures (stained and unstained), histological tissue cross sections (stained and unstained), animals, plants, in vivo imaging, thin layer chromatography plates, crystalline structures, and ornamental effects continue to be acceptable. Only one set of black and white photographs is required. Furthermore, no additional processing fee is required.

Photographs have the same sheet size requirements as other drawings. The photographs must be of sufficient quality so that all details in the drawing are reproducible in the printed patent or any patent application publication.

Color photographs will be accepted in utility patent applications if the conditions for accepting color drawings and black and white photographs have been satisfied.

Identification of Drawings

Identifying indicia, if provided, should include the title of the invention, the inventor's name, the application number (if known), and docket number (if any). This information should be placed on the top margin of each sheet of drawings. The name and telephone number of a person to call if the USPTO is unable to match the drawings to the proper application may also be provided.

Graphic Forms in Drawings

Chemical or mathematical formulas, tables, computer program listings, and waveforms may be submitted as drawings and are subject to the same requirements as drawings. Each chemical or mathematical formula must be labeled as a separate figure, using brackets when necessary, to show that information is properly integrated. Each group of waveforms must be presented as a single figure, using a common vertical axis with time extending along the horizontal axis. Each individual waveform discussed in the specification must be identified with a separate letter designation adjacent to the vertical axis. These may be placed in a landscape orientation if they cannot be presented satisfactorily in a portrait orientation. Typewritten characters used in such formulas and tables must meet the requirements set forth in 37 CFR 1.58(c). A space at least 0.64 cm. (1/4 inch) high should be provided between complex formulas or tables and the text.

Paper

Drawings submitted to the USPTO must be made on paper which is flexible, strong, white, smooth, nonshiny, and durable. All sheets must be free from cracks, creases, and folds. Only one side of the sheet shall be used for the drawing. Each sheet must be reasonably free from erasures and must be free from alterations, overwritings, and interlineations.

All drawings sheets, including sheets containing photographs, in an application must be the same size. One of the shorter sides of the sheet is regarded as its top. The size of the sheets on which drawings are made must be:

21.6 cm. by 27.9 cm. (81/2 by 11 inches), or
21.0 cm. by 29.7 cm. (DIN size A4).

The sheets must not contain frames around the sight (the usable surface), but should have scan target points (cross hairs) printed on two catercorner margin corners. The following margins are required:

On 21.6 cm. by 27.9 cm. (81/2 by 11 inch) drawing sheets, each sheet must include a top margin of at least 2.5 cm. (1 inch), a left side margin of at least 2.5 cm. (1 inch), a right side margin of at least 1.5 cm. (5/8 inch), and a bottom margin of at least 1.0 cm. (3/8 inch) from the edges, thereby leaving a sight no greater than 17.6 cm. by 24.4 cm. (6 15/16 by 9 5/8 inches).

On 21.0 cm. by 29.7 cm. (DIN size A4) drawing sheets, each sheet must include a top margin of at least 2.5 cm. (1 inch), a left side margin of at least 2.5 cm. (1 inch), a right side margin of at least 1.5 cm (5/8 inch), and a bottom margin of at least 1.0 cm. (3/8 inch) from the edges, thereby leaving a sight no greater than 17.0 cm. by 26.2 cm.