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1. Why New Modalities Strain the Framework

Sequence listing standards were designed around natural DNA, RNA, and L-amino acid proteins. New-modality therapeutics keep those familiar nucleobase or amino acid “letters” but change what is underneath them:

A single drug candidate can combine several of these. The drafting question is how much of that chemistry the sequence listing must capture, and what happens to claim support if it captures too little or too much.

ST.26 anticipates these molecules to a degree that surprises many drafters. Its definition of “nucleotide analogue” expressly names backbone types such as the amino acid backbone of PNAs, the glycol molecules of GNAs, the threofuranosyl sugars of TNAs, the morpholine rings and phosphorodiamidate groups of morpholinos, and cyclohexenyl backbones. Because the standard already covers them, the work is in applying the representation rules correctly.

2. Which Version and Which Rules Apply

Applicable rules depend on the application’s filing date, not the date the listing is submitted. Three points matter:

For a portfolio with a priority filing before July 2027 and follow-on filings after, plan the sequence listing conversion early.

3. What Must Be Listed

Thresholds

Under ST.26, a nucleotide sequence disclosed by enumeration of its residues is listed if it has 10 or more specifically defined nucleotides. An amino acid sequence is listed if it has 4 or more specifically defined amino acids. Sequences with nucleotide analogs such as PNAs and GNAs are included, and so are sequences with D-amino acids. Linear regions of branched sequences must also be listed.

Two classification rules matter most for new modalities:

The threshold trap

The choice of symbol for a modified residue can decide whether a sequence has to be listed at all. The USPTO’s FAQ gives the example: a 2′-O-methyl adenosine represented as “a” is specifically defined, while norleucine represented as “X” is not.

That leads to two practical consequences:

  1. An oligomer built largely from residues you represent as “n” or “X” may fall below the minimum length, and short sequences cannot currently be included at all (this is what version 2.0 relaxes).
  2. The representation choice affects searchability and how examiners and third parties read the disclosure, so it should be deliberate rather than defaulted by the software.

Enumeration matters

The requirement is triggered by enumerating residues in order. Shorthand is treated as if written out in full: the standard treats “His6Gln” as “HHHHHHQ”. A repeat notation such as a PNA trinucleotide repeat written “(CAG)10” is treated as 30 enumerated residues, and it is listed as a full 30-residue sequence. Every enumerated qualifying sequence gets its own identifier, even if it is a fragment of another listed sequence.

Sequences that are described only by structure or name, without enumerating residues, are outside this requirement. They are still part of the disclosure, so structural formulae become important (see Section 8).

4. Representing Nucleotide Analogs (PNA, GNA, TNA, Morpholino, and Others)

Core representation rules

RuleWhat it means in practice
Single strand, one directionWrite each sequence as a single strand from left to right in the 5′-to-3′ direction, or in the left-to-right direction that mimics it. The designations 5′ and 3′ must not appear in the sequence.
Lowercase symbols onlyEvery residue is a single lowercase symbol, and each symbol equals exactly one residue.
Prefer the unmodified counterpartModified nucleotides should be represented as a, c, g, or t whenever possible. This is a “should,” not a “must.”
Otherwise use “n”A modified nucleotide that no other symbol can represent, such as a non-naturally occurring nucleotide, is represented by “n”.
AnnotateA modified nucleotide is described in the feature table using the feature key “modified_base” with the mandatory “mod_base” qualifier.
Use a “note” for anything not on the abbreviation listIf the abbreviation is “OTHER,” the full unabbreviated chemical name goes in a “note” qualifier.

The standard’s own text adds that the abbreviations from its modified-nucleotide table must not be used inside the sequence itself. They belong only in the feature table.

Describing whole regions

PNA, GNA, and other backbone-defined XNAs often modify every residue in a run. The standard allows that region to be described jointly. A region of consecutive modified nucleotides sharing the same backbone moiety can be covered by one feature. The “note” value should be the most restrictive unabbreviated chemical name encompassing all the modified nucleotides in the range, or a list of the individual chemical names. The MPEP gives a glycol nucleic acid example, describing the nucleobase-containing residues as “2,3-dihydroxypropyl nucleosides”. If an individual residue carries an additional modification, that residue is also described separately.

Locations use the “x..y” syntax for a region. For a single linkage between two adjacent residues, such as one phosphorothioate bond, the USPTO FAQ describes the “x^y” format. Phosphorothioate-linked residues are annotated with “modified_base”, “mod_base” set to OTHER, and a note describing the bond.

Molecule type and organism

Chimeras and hybrids

Most therapeutic candidates are chimeric, such as gapmers with modified wings and a DNA gap, or PNA-DNA or DNA-XNA constructs. The FAQ shows the closest explicit rule: for a DNA/RNA hybrid, each DNA and RNA segment must be described with a “misc_feature” key and a note saying which it is. Extending the same discipline to XNA chimeras (one described segment for each chemically distinct region, with every residue covered) is a sensible way to draft, though I have not found rule text requiring it for non-DNA/RNA hybrids.

Also keep in mind that residues joined by a non-nucleotide spacer are handled differently from a continuous strand. ST.26 Annex VI includes worked examples on this point: nucleotide sequences interrupted by a C3 spacer (Example 3(d)-1) and nucleic acid analogues (Example 3(d)-4). Those examples are the closest official guidance for constructs with linkers, and one of them treats each segment as a separate nucleotide sequence when it meets the minimum length.

Double-stranded constructs

A double-stranded sequence disclosed by enumerating both strands is represented as a single sequence or as two sequences when the strands are fully complementary. When the strands are not fully complementary, as with most siRNA-type designs with overhangs or mismatches, each strand needs its own identifier.

5. Representing Peptide Analogs and Constrained Peptides

A software caution

The USPTO FAQ warns that the WIPO Sequence validator does not know a residue is modified until you add the feature. Its example is a D-alanine: entered as “A” without a feature, the tool treats it as L-alanine and raises no error. Likewise, “n” and “X” without a description raise no error, because they have default values. A listing can pass validation and still misdescribe the molecule.

6. Summary Table by Modality

ModalitySequence type under ST.26Symbols in the sequenceAnnotation
PNANucleotide (not amino acid)a, c, g, t (or n where no nucleobase symbol fits)modified_base with note giving the backbone chemistry, region form x..y
GNANucleotide analoga, c, g, tJoint region annotation; the MPEP example uses the dihydroxypropyl nucleoside name
TNA, HNA, CeNA, morpholinoNucleotide analogNucleobase symbols where possible, otherwise nmodified_base, mod_base OTHER, note with full name
2′-O-methyl and similarModified nucleotideCorresponding a, c, g, tmod_base abbreviation from the standard’s table (for example um) or OTHER plus note
Phosphorothioate linkagesModified linkageUnchangedmodified_base, OTHER, note; x^y for single linkages, x..y for runs
D-peptidesAmino acidCorresponding L-symbol or XFeature key plus note describing the D-configuration
Macrocycles, stapled, branched peptidesAmino acid (linear regions listed)Residue lettersAnnotation where cyclization or crosslinks create modified residues
PNA-peptide or oligonucleotide-peptide conjugatesSeparate nucleotide and amino acid sequencesEach segment in its own sequenceNote or SITE describing the linkage

For LNA and other analogs that add a bridge to the sugar, the standard leaves the choice between the unmodified symbol and “n” to the applicant’s discretion, with guidance that unchanged core structures point toward the unmodified symbol and structurally different residues point toward “n”. Expect version 2.0 to narrow this discretion for at least some analogs.

7. The Sequence Listing as Part of the Disclosure

A sequence listing submitted with a new application in compliance with the US rules is considered part of the specification, and so it contributes to the disclosure for written description and enablement purposes. Compliance is not required to obtain a filing date, and compliance is not itself a new-matter issue. For drafting, this means:

8. What the Sequence Listing Cannot Do

A sequence listing describes residue order and per-residue annotations. It cannot show three-dimensional structure, precise linker chemistry, conjugation sites on complex payloads, or stoichiometry. For these, use:

9. A Worked Illustration (Hypothetical)

Consider a construct with three components: a 16-mer PNA, a 6-residue cell-penetrating peptide with two D-amino acids attached by an amide linker, and a 12-mer GNA guide with three phosphorothioate linkages.

ComponentQualifies for listing?Sketch of representation
16-mer PNAYes (10 or more specifically defined nucleotides)Lowercase nucleobase symbols, one modified_base feature over 1..16 with a note naming the backbone chemistry
6-residue peptide with two D-residuesYes (4 or more specifically defined amino acids)L-symbols for the D-residues plus features describing D-configuration; separate sequence identifier
12-mer GNA with three phosphorothioatesYesNucleobase symbols; one feature over the region describing the glycol backbone; separate features for each phosphorothioate location
Amide linker joining PNA and peptideNot a sequenceDescribe in the text and in a structural formula; add a note or SITE describing the attachment where a residue is affected

This is a drafting sketch, not a filing template. Exact feature keys, qualifier values, and note wording must be checked against the current ST.26 text and Annex VI examples.

10. Common Pitfalls

  1. Treating PNA as a peptide. It is a nucleotide under ST.26, so listing it as an amino acid sequence is wrong.
  2. Letting the tool default a modification away. The validator will not flag a missing D-configuration or an undescribed “n”.
  3. Over-using “n” and “X”. It can drop a sequence below the minimum length or hide chemistry you intend to claim.
  4. Forgetting to expand repeats and shorthand. Notations such as “(CAG)10” count as enumerated residues.
  5. Skipping the annotation “because it is optional.” Some annotation is required where the residue’s structure changes, and the rest is strongly recommended.
  6. Inconsistent numbering between the listing and the text. Every enumerated qualifying sequence has its own identifier, and fragments cannot be cited as “residues 1-10 of SEQ ID NO: 1”.
  7. Assuming a passing validation means compliance. Some requirements need human review, and responsibility for accuracy stays with the applicant.
  8. Ignoring the 2027 version change. Applications filed on or after July 1, 2027 fall under version 2.0’s rules for analogs and short sequences.

11. Drafting Workflow

  1. Inventory every molecule in the claims and description, classify each segment (nucleotide, analog, amino acid, non-sequence linker), and mark which are disclosed by enumeration.
  2. Fix the version and rules from the application’s filing date, and check the local office’s implementing notices.
  3. Decide the symbol strategy for each modified residue (unmodified counterpart versus “n” or “X”), and record the reasoning, including its effect on the minimum-length test.
  4. Draft the annotations with region-wise features and notes that match the claim language and the chemical names in the description.
  5. Build the listing in the current WIPO Sequence tool, validate it, then have a person review every modified residue, every “n” and “X”, and every organism and molecule-type entry.
  6. Reconcile identifiers across claims, description, drawings, and listing.
  7. Add structural formulae for anything the listing cannot convey.
  8. Re-check at each filing in the family, since version and rules may differ.

Conclusion

PNA and XNA modalities are not outside the sequence listing regime. ST.26 names them, classifies PNA as a nucleotide, requires the sequences to be listed when they meet the length thresholds, and gives a mechanism for annotating backbone chemistry. The real risk lies in the choices the standard leaves open, such as unmodified symbol versus “n”, and how much of the chemistry to encode in features versus prose. Those choices affect whether a sequence must be listed, what a searcher or examiner sees, and how well the disclosure supports the claims. With version 2.0 arriving for filings on or after July 1, 2027, drafters of new-modality applications should treat the annotation strategy as a deliberate part of claim drafting, and watch the new text closely.

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