What statement must accompany a late-submitted “Sequence Listing XML” in PCT applications?

When submitting a “Sequence Listing XML” in response to a notice from the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), applicants must include a specific statement regarding the content of the submission. MPEP 2414.05 states:

“The “Sequence Listing XML” must be accompanied by a statement that the information recorded does not go beyond the disclosure in the international application as filed.”

This statement is crucial as it ensures that the late-submitted sequence listing does not introduce new matter into the application, which could be grounds for rejection. Applicants should carefully review the submitted “Sequence Listing XML” to ensure its contents are fully supported by the original application before making this statement.

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Topics: MPEP 2400 - Biotechnology, Patent Law, Patent Procedure
Tags: Accompanying Statement, international application, ipea, Isa, PCT, sequence listing xml, USPTO