Can an examiner require the submission of a Sequence Listing XML?
Yes, an examiner can require the submission of a Sequence Listing XML under certain circumstances. MPEP 2414 states:
“Additionally, the examiner can require the filing of an added initial ‘Sequence Listing XML’ if the ‘Sequence Listing XML’ or a replacement ‘Sequence Listing XML’ if an application fails to comply with 37 CFR 1.831 – 1.834.”
For example, if the examiner discovers sequences in the disclosure that are not included in the Sequence Listing XML on record, they can require the applicant to submit a replacement Sequence Listing XML that includes the omitted sequences.
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