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Federal Register / Vol. 86, No. 247 / Wednesday, December 29, 2021 / Rules and Regulations DEPARTMENT OF COMMERCE
Patent and Trademark Office 37 CFR Part 1
Docket No. PTOP20200032
RIN 0651AD48

Electronic Submission of a Sequence Listing, a Large Table, or a Computer Program Listing Appendix in Patent Applications United States Patent and Trademark Office, Department of Commerce.
ACTION: Final rule; correction.
AGENCY:

The United States Patent and Trademark Office USPTO or Office makes corrections to a final rule published on October 14, 2021, that amended the rules of practice to permit higher-capacity physical media to be submitted to the USPTO. This rule fixes typographical errors.
DATES: This rule is effective on December 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Mary C. Till, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patents, at Mary.Till@uspto.gov; or Ali Salimi, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patents, at Ali.Salimi@uspto.gov.
SUPPLEMENTARY INFORMATION: On October 14, 2021, the USPTO published a final rule amending the rules of practice to permit higher-capacity physical media to be submitted to the USPTO 86 FR 57035. That final rule, which went into effect on November 15, 2021, contained two incorrect crossreferences in 37 CFR 1.77 to the methods by which a sequence listing may be submitted to the USPTO. This final rule corrects those cross-references to avoid any confusion.
Section 1.77b13 is revised to reference 1.821c2 for a Sequence Listing that is submitted as a Portable Document Format PDF file via the USPTO patent electronic filing system and 1.821c3 for a Sequence Listing that is submitted on physical sheets of paper. The references published in the October 14, 2021, final rule 1.821c1ii and 1.821c1iiido not exist.

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SUMMARY:

Rulemaking Considerations A. Administrative Procedure Act This rulemaking corrects typographical errors in a rulemaking permitting higher-capacity physical
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media to be submitted to the USPTO.
The changes in this rulemaking involve a rule of agency practice and procedure and/or an interpretive rule. See Perez v.
Mortg. Bankers Assn, 135 S. Ct. 1199, 1204 2015 Interpretive rules advise the public of the agencys construction of the statutes and rules which it administers. citation and internal quotation marks omitted; Natl Org. of Veterans Advocates v. Secy of Veterans Affairs, 260 F.3d 1365, 1375 Fed. Cir.
2001 rule that clarifies interpretation of a statute is interpretive; Bachow Commcns Inc. v. FCC, 237 F.3d 683, 690 D.C. Cir. 2001 Rules governing an application process are procedural under the Administrative Procedure Act.; Inova Alexandria Hosp. v.
Shalala, 244 F.3d 342, 350 4th Cir.
2001 Rules for handling appeals were procedural where they did not change the substantive standard for reviewing claims..
Accordingly, prior notice and opportunity for public comment for the changes in this rulemaking are not required pursuant to 5 U.S.C. 553b or c, or any other law. See Perez, 135 S.
Ct. at 1206 Notice and comment procedures are required neither when an agency issues an initial interpretive rule nor when it amends or repeals that interpretive rule.;
Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 133637 Fed. Cir. 2008 stating that 5 U.S.C. 553, and thus 35 U.S.C.
2b2B, do not require notice and comment rulemaking for interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice quoting 5 U.S.C.
553bA.
In addition, the Director of the USPTO finds good cause under 5 U.S.C.
553bB to waive the notice and comment requirements of the Administrative Procedure Act. As discussed above, the changes in this rulemaking involve correcting typographical errors in two crossreferences in the final rule published on October 14, 2021. These changes are administrative in nature and will have no substantive impact on the evaluation of a patent application. If this rule were delayed to allow for notice and comment, this would lead to confusion as to the sections intended to be crossreferenced.
The Director of the USPTO also finds good cause under 5 U.S.C. 553d3 to waive the 30-day delay in effectiveness.
As discussed above, the changes in this rulemaking involve correcting typographical errors in two crossreferences in the final rule published on October 14, 2021. These changes are administrative in nature and will have
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no substantive impact on the evaluation of a patent application. The purpose of a delay in effectiveness is to allow affected parties time to modify their behaviors, businesses, or practices to come into compliance with new regulations. This rule imposes no additional requirements on the affected entities. Therefore, the requirement for a 30-day delay in effectiveness is not applicable, and the rule is made effective immediately upon publication.
B. Regulatory Flexibility Act As prior notice and an opportunity for public comment are not required pursuant to 5 U.S.C. 553 or any other law, neither a Regulatory Flexibility Act analysis nor a certification under the Regulatory Flexibility Act 5 U.S.C. 601
et seq. is required. See 5 U.S.C. 603.
C. Executive Order 12866 Regulatory Planning and Review This rulemaking has been determined to be not significant for purposes of Executive Order 12866 Sept. 30, 1993.
D. Paperwork Reduction Act The Paperwork Reduction Act of 1995
44 U.S.C. 3507d requires that the USPTO consider the impact of paperwork and other information collection burdens imposed on the public. The USPTO has determined that there are no new requirements for information collection associated with this final rule.
List of Subjects in 37 CFR Part 1
Administrative practice and procedure, Biologics, Courts, Freedom of information, Inventions and patents, Reporting and recordkeeping requirements, Small businesses.
For the reasons stated in the preamble and under the authority contained in 35
U.S.C. 2, as amended, the USPTO
amends 37 CFR part 1 as follows:
PART 1RULES OF PRACTICE IN
PATENT CASES
1. The authority citation for part 1
continues to read as follows:

Authority: 35 U.S.C. 2b2, unless otherwise noted.

2. Amend 1.77 by revising paragraph b13 to read as follows:

1.77 Arrangement of application elements.

b
13 Sequence Listing, required by 1.821c, that is submitted as a Portable Document Format PDF file as set forth in 1.821c2 via the USPTO
patent electronic filing system or on
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