What are the requirements for submitting a “Sequence Listing” or “Sequence Listing XML” in a patent application?
For applications filed before July 1, 2022, a “Sequence Listing” must be submitted as an ASCII plain text file in compliance with 37 CFR 1.821-1.824. For applications filed on or after July 1, 2022, a “Sequence Listing XML” must be submitted as an XML file in compliance with 37 CFR 1.831-1.834.
The sequence listing can be submitted via the USPTO patent electronic filing system or on read-only optical disc. The specification must include an incorporation by reference statement for the sequence listing file.
As stated in MPEP 608.05(c): Applications disclosing nucleotide and/or amino acid sequences, as defined in 37 CFR 1.821(a) for applications filed before July 1, 2022 or as defined in 37 CFR 1.831(b) for applications filed on or after July 1, 2022, are required to provide the biological sequence information in a sequence listing.
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