What are the consequences of omitting the XML declaration in a Sequence Listing XML?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Omitting the XML declaration in a Sequence Listing XML can have serious consequences for a patent application. While not explicitly stated in MPEP 2413.01(c), the implications can be inferred:
- The application may be considered non-compliant with 37 CFR 1.833(b)(2)(i)
- It may lead to processing errors or misinterpretation of the sequence data
- The patent office may issue a notice requiring correction, potentially delaying the application process
To avoid these issues, applicants should always include the proper XML declaration as specified in WIPO Standard ST.26:
Topics:
MPEP 2400 - Biotechnology
MPEP 2413.01(C) - The "Sequence Listing Xml" Must Contain An Xml Declaration
Patent Law
Patent Procedure