Can amendments to a sequence listing XML file be made after the filing date?

Yes, amendments to a sequence listing XML file can be made after the filing date, but there are specific rules governing such amendments. According to MPEP 2414:

“Any amendments to a sequence listing XML file must comply with the requirements of 37 CFR 1.835(b).”

This means that:

  • Amendments must not include any new matter beyond the disclosure in the application as filed.
  • The amended sequence listing XML file must be submitted with a statement that it does not include new matter.
  • The submission must comply with the requirements of 37 CFR 1.52(b) for documents submitted on paper.

It’s important to carefully follow these guidelines when making amendments to ensure compliance and avoid potential issues with your application.

To learn more:

Topics: MPEP 2400 - Biotechnology, MPEP 2414 - Notification Of A Failure To Comply With Sequence Listing Requirements And Amendments Relating To "Sequence Listing Xml" Files Under 37 Cfr 1.835, Patent Law, Patent Procedure
Tags: 37 Cfr 1.835(B), amendments, sequence listing, xml file