Trilateral Project 24.1-Biotechnology 040

Yes, it is allowed to characterize regulatory sequences like promoters by reference to a) having a certain extent of identity to a specific DNA sequence, b) hybridizing under defined conditions to a specific DNA sequence and/or c) being a derivative of a specific DNA sequence, whereby the kind and extent of mutations of the specific DNA sequence is mentioned; however, it should be ensured that the function of the claimed regulatory sequence remains the same as that of the specific DNA sequence to which it refers.

If the regulatory sequence is already known from the prior art, it is allowed to define said sequence only by its function (see 1.1.1.2.1(1)). Apart from its function and specific sequence no other terms can be used to define regulatory sequences.