Can I submit both a “Sequence Listing XML” and a “Sequence Listing” in the same application?

No, for applications filed on or after July 1, 2022, you cannot submit both a “Sequence Listing XML” and a “Sequence Listing” in the same application. The USPTO has specific rules regarding this matter. According to MPEP 2413.03:

“For applications filed on or after July 1, 2022, the USPTO patent electronic filing system will prohibit an applicant from submitting both a “Sequence Listing XML” (a sequence listing that conforms to WIPO Standard ST.26 as implemented in 37 CFR 1.831 through 1.835) and a “Sequence Listing” (a sequence listing that conforms to ST.25 as implemented in 37 CFR 1.821 through 1.825) in the same submission.”

If you attempt to file a “Sequence Listing” in an application filed on or after July 1, 2022, you will receive a notice informing you that the submission fails to comply with 37 CFR 1.831 through 1.834. You will be required to submit a “Sequence Listing XML” instead.

For addressing improper submissions, refer to MPEP § 2415.03.

To learn more:

Topics: MPEP 2400 - Biotechnology, MPEP 2413.03 - How To Submit The "Sequence Listing Xml", Patent Law, Patent Procedure
Tags: sequence listing, sequence listing xml, USPTO, wipo standard st.26