What should be included in the amendment to the specification when adding a “Sequence Listing XML”?

When adding a “Sequence Listing XML” to a patent application, the amendment to the specification must include an incorporation by reference statement. This statement should contain:

• The name of the XML file containing the “Sequence Listing XML”
• The date of creation of the file
• The size of the file in bytes

According to 37 CFR 1.835(a)(2): “A request to amend the specification to include an incorporation by reference statement of the material in the ‘Sequence Listing XML’ file, identifying the name of the file, the date of creation, and the size of the file in bytes (see § 1.77(b)(5)(ii)), except when submitted to the United States International Preliminary Examining Authority for an international application.”

This information should be provided in a separate paragraph of the specification.

To learn more:

• Sequence Listing XML
• Patent Specification
• Amendment
• Incorporation by Reference