Last updated:2015.5.26.

Patent, Intellectual Property and Priority

Nucleotide Sequence Data Included in Patent Applications

Nucleotide sequence data included in patent applications are transferred from the Japan Patent Office (JPO) to DDBJ.

Similarly, DDBJ services also include the nucleotide data transferred from the European Patent Office (EPO), the United States Patent and Trademark Office (USPTO) and the Korean Intellectual Property Office (KIPO).

References:

Therefore, when the sequence is included in patent applications to JPO/KIPO/EPO/USPTO, you do not have to submit the sequence to DDBJ.

 

Notice: Sequence Data Submission Related to Patent Applications

Once released from DDBJ, the sequence data becomes part of the public domain, i.e. "official notice".
So, when you submit the sequence related to your patent application to DDBJ, set hold date as required.
See also Principle of “Hold-Until-Published” data release.

For the impact of DDBJ submission on the patent examination, you should directly confirm to the Patent Office that you applied.
DDBJ takes no responsibility for any property or priority issues of the released data.

Since we have to keep the original sequence data from JPO, "as is", if you need to modify or to correct the sequence, you have to submit the sequence to DDBJ newly. i.e. Both old and new ones will be finally open to the public.

If you are to submit sequence data related to your patent application, you should consult DDBJ ( ) before submission.

 

Patent Priority and Other Priority

Patent Priority

If you submit nucleotide sequence data to DDBJ, you get NO patent priority for the data.
DDBJ takes no responsibility for any property or priority issues for patenting.

If necessary, you should consult the patent office, before submitting your data to DDBJ.

Other Priority

Submitting your nucleotide sequence data to DDBJ, EMBL Bank or GenBank does not necessarily guarantee the priority of the data as shown in the following examples.

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