What is the difference between a “Sequence Listing XML” and a “Sequence Listing”?

The main difference between a “Sequence Listing XML” and a “Sequence Listing” lies in the format and the filing date of the patent application. According to MPEP 2412.02:

  • Sequence Listing XML: Used for applications filed on or after July 1, 2022. It is a computer-readable format of the sequences in XML format in accordance with WIPO Standard ST.26.
  • Sequence Listing: Used for applications filed before July 1, 2022. It can be presented as an ASCII plain text file, as PDF sheets of the specification, or on physical sheets of paper.

The MPEP states: “This sequence listing is referred to as a ‘Sequence Listing XML’ in order to distinguish it from a ‘Sequence Listing’ submitted in an application having a filing date BEFORE July 1, 2022.” For more details on the older format, the MPEP refers to 37 CFR 1.821(c) and 1.821(e)(1) and MPEP §§ 2421.01 and 2421.02.

To learn more:

Topics: MPEP 2400 - Biotechnology, MPEP 2412.02 - Definition Of "Sequence Listing Xml", Patent Law, Patent Procedure
Tags: ascii plain text, patent applications, sequence listing, sequence listing xml, wipo standard st.26