Are there additional fees for submitting large Sequence Listing files?

Yes, there are additional fees for submitting large Sequence Listing files to the USPTO. The fee structure is as follows:

  • Sequence Listing ASCII plain text files of 300 MB or more are subject to a fee under 37 CFR 1.21(o).
  • The fee is divided into two tiers:
    • Tier 1: File sizes 300 MB to 800 MB
    • Tier 2: File sizes greater than 800 MB
  • The fee is due upon the first submission of a Sequence Listing that meets the size criteria.
  • If a larger file is submitted later, the difference in fees must be paid.

The MPEP states: Any “Sequence Listing” ASCII plain text file of 300 MB or more is subject to a fee under 37 CFR 1.21(o) to manage handling of the oversized submission (37 CFR 1.52(f)(3)). Pricing for this fee is divided into two tiers with Tier 1 for file sizes 300 MB to 800 MB and Tier 2 for file sizes greater than 800 MB.

It’s important to note that these fees are designed to encourage applicants to include only essential sequence data in their Sequence Listings, thereby reducing strain on USPTO resources.

To learn more:

Topics: MPEP 2400 - Biotechnology, MPEP 2422.03 - Sequence Listing Submission, Patent Law, Patent Procedure
Tags: Large Files, sequence listing, USPTO