Senniger Powers' Associate Timothy McBride Discusses USPTO Changes in Examination of Patent Applications Containing Nucleotide Sequences.

Senniger Powers' Associate Timothy McBride is quoted in the July 27, 2007 issue of BioInform, a publication focusing on bioinformatics and systems biology. Mr. McBride comments on recent restrictions placed by the USPTO on the number of sequences that can be included in a single patent application. He explains that "claims to polynucleotide molecules are to be 'considered for independence, relatedness, distinction and burden' just as are claims to any other type of invention, and the ’special treatment' that nucleotide sequences had previously received was rescinded." As a result, "the USPTO can now restrict the claims of an application such that only a single polynucleotide molecule is examined per application." Previously, up to ten sequences could be included per application.

Mr. McBride further explains that this change may be a result of the USPTO being "understaffed and overworked" and by the agency’s effort to increase revenue. As he says, "Within the past year or two, the USPTO has been much more aggressive with its restriction practice (regardless of the claimed subject matter), issuing restriction requirements that dice patent application claim sets into numerous groups of claims asserted by the office to be 'independent and distinct inventions.'"