What are the differences between an added initial Sequence Listing XML and a replacement Sequence Listing XML?

The MPEP 2414 distinguishes between two types of Sequence Listing XML submissions:

  1. Added Initial Sequence Listing XML: This is required when no Sequence Listing XML was submitted on the filing date of the application. It is submitted under 37 CFR 1.835(a).
  2. Replacement Sequence Listing XML: This is required when a defective Sequence Listing XML was submitted or when the existing Sequence Listing XML needs to be updated. It is submitted under 37 CFR 1.835(b).

The appropriate type of submission depends on whether a Sequence Listing XML was initially filed and whether it needs to be corrected or updated.

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Topics: MPEP 2400 - Biotechnology, MPEP 2414 - Notification Of A Failure To Comply With Sequence Listing Requirements And Amendments Relating To "Sequence Listing Xml" Files Under 37 Cfr 1.835, Patent Law, Patent Procedure
Tags: Added Initial, Replacement, sequence listing xml, USPTO requirements