Is translating a “Sequence Listing XML” considered an amendment?
No, translating a “Sequence Listing XML” is not considered an amendment under certain conditions. According to MPEP 2414.04:
“Compliance with paragraphs (a) through (c) of this section is not required for submission of a “Sequence Listing XML” that is solely an English translation of a previously submitted “Sequence Listing XML” that contains non-English values for any language-dependent free text elements (as per § 1.833(b)(3)).”
This means that providing an English translation of language-dependent free text elements in a previously submitted “Sequence Listing XML” does not constitute an amended “Sequence Listing XML” under 37 CFR 1.835(a) or 1.835(b).
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Topics:
MPEP 2400 - Biotechnology,
MPEP 2414.04 - Translation Of "Sequence Listing Xml" Is Not An Amended "Sequence Listing Xml" Under 37 Cfr 1.835(B),
Patent Law,
Patent Procedure