Intellectual Property Forum

Patents => Patent Filing and Prosecution => Topic started by: JonathanO on 10-12-17 at 08:36 AM

Title: Sequence listing- "W213 Artificial or Unknown found in <213> in SEQ ID (1)"
Post by: JonathanO on 10-12-17 at 08:36 AM
I have a question about a problem we're having with a sequence listing. We got ours returned with the "W213" error code as shown in the title to this thread.

This is the pertinent part of our sequence listing:
<213> Artificial Sequence
<220>
<223> Synthetic peptide

And searching, I found this:

QuoteWhy does my CRF has an error on Field Code <223>?         
A major reason for noncompliance is that the
information provided in field <223> to explain an
artificial or unknown organism is improper.
Solution:
Indicating what the artificial sequences are is
acceptable, e.g., primer, aptamer, linker, adapter,
cloning vector, expression vector, siRNA, probe, expressed
sequence tag, etc.  Chimeric constructs should identify sources
of the parts, etc.

https://www.google.com.tw/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwiHiqmmhejWAhXRQpQKHZpVC7kQFggkMAA&url=http%3A%2F%2Fwww.aipla.org%2Fcommittees%2Fcommittee_pages%2FBiotechnology%2FCommittee%2520Documents%2FUSPTO%2520Partnership%2520Meetings%2520with%2520BiotechChemPharma%2FJune%25202011%2FCurrent%2520Sequence%2520Listing%2520process_Final_Nguyen.ppt&usg=AOvVaw1yRS9anZ0t46_V7M1TZkoo (https://www.google.com.tw/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwiHiqmmhejWAhXRQpQKHZpVC7kQFggkMAA&url=http%3A%2F%2Fwww.aipla.org%2Fcommittees%2Fcommittee_pages%2FBiotechnology%2FCommittee%2520Documents%2FUSPTO%2520Partnership%2520Meetings%2520with%2520BiotechChemPharma%2FJune%25202011%2FCurrent%2520Sequence%2520Listing%2520process_Final_Nguyen.ppt&usg=AOvVaw1yRS9anZ0t46_V7M1TZkoo)

A friend who encountered a similar problem fixed it with this:

<213> Artificial Sequence
<220>
<223> Synthesized

Can anyone provide confirmation that this would fix our problem? I was going to call the Sequence Help Desk but have been told that you will just get an answering machine.


Title: Re: Sequence listing- "W213 Artificial or Unknown found in <213> in SEQ ID (1)"
Post by: bartmans on 10-13-17 at 12:38 PM
I Always use the PatentIn program (currently version 3.5) for preparing the sequence listings. If I enter an artificial DNA sequence, I can enter any comment to the artificial sequence which would seem proper and th eUSPTO noramlly would accept any tekst that is descriptive for the artificial sequence (such as 'primer', 'probe', 'AON' and the like).

However, if I also use the DNA sequence to act as coding sequence for a protein (using the CDS feature), I am not asked for a description of the protein sequence, but the program automatically issues the following:
<210>  10
<211>  107
<212>  PRT
<213>  Artificial Sequence

<220>
<223>  Synthetic Construct

This is accepted by the USPTO (but may be because the DNA from which the DNA sequence is translated has a descriptive tekst.
I think the best way to proceed is to contact the USPTO for more guidance.
Title: Re: Sequence listing- "W213 Artificial or Unknown found in <213> in SEQ ID (1)"
Post by: JonathanO on 10-13-17 at 12:54 PM
Thank you!

I'm desperate for help because nobody answers when I call the Sequence Help Desk, nobody returns my calls, and the person who reviewed the sequence listing isn't returning my emails (I guessed at his email address the typical way). This is made all the more difficult because I'm in way over my head: my background is in electrical engineering!

I hope this does it. I plan to give things one more shot (a call, email, leave a message, etc.), but something tells me that I may need to advise either "<223> Synthesized" as recommended by my friend, or "<223> Synthetic Construct" as recommended by you. Thanks again.

Title: Re: Sequence listing- "W213 Artificial or Unknown found in <213> in SEQ ID (1)"
Post by: JonathanO on 10-17-17 at 07:51 AM
For anyone who might encounter the same issue in the future, I received a voice message from someone at the Sequence Listing Help Desk. She told me that there was nothing wrong with our description of "Synthetic peptide" for "Artificial Sequence." She added that the reviewer forgot to include a description that the error in the error report (i.e., the W213 error) did not need to be corrected.