Intellectual Property Law

USPTO Announces Final Rule to Permit Submission of Higher-Capacity Physical Media

The United States Patent and Trademark Office (USPTO) has issued a final rule permitting patent applicants to use physical media larger than compact discs, i.e., Digital Video Disc-Recordable (DVD-R or DVD+R), for submission of an electronic version of amino acid and nucleotide sequence information, information compiled in a large table, and information related to a computer program listing.

This rulemaking expands the types of physical media that can be used when submissions of such data exceed the USPTO’s patent electronic filing system capacity. Additionally, non-self-extracting file compression will be permitted if the compressed data files are compliant with the requirements of the rules of practice. Other rules of practice related to certain obsolete and non-secure methods of presenting data are eliminated.

Read the full text of the final rule in the Federal Register and on the USPTO’s Patent Related Notices webpage. The final rule will become effective on November 15, 2021.


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