What are the consequences of omitting the XML declaration in a Sequence Listing XML?

Omitting the XML declaration in a Sequence Listing XML can have serious consequences for a patent application. While not explicitly stated in MPEP 2413.01(c), the implications can be inferred:

  • The application may be considered non-compliant with 37 CFR 1.833(b)(2)(i)
  • It may lead to processing errors or misinterpretation of the sequence data
  • The patent office may issue a notice requiring correction, potentially delaying the application process

To avoid these issues, applicants should always include the proper XML declaration as specified in WIPO Standard ST.26:

To learn more:

Topics: MPEP 2400 - Biotechnology, MPEP 2413.01(C) - The "Sequence Listing Xml" Must Contain An Xml Declaration, Patent Law, Patent Procedure
Tags: Compliance, Consequences, sequence listing xml, Xml Declaration