What happens if a Sequence Listing XML lacks a proper DOCTYPE declaration?
If a Sequence Listing XML lacks a proper DOCTYPE declaration, it will not comply with the requirements set forth in MPEP 2413.01(d) and 37 CFR 1.833. This non-compliance may result in:
- Rejection of the patent application
- Requirement for correction and resubmission
- Potential delays in the patent examination process
The MPEP emphasizes the importance of the DOCTYPE declaration:
The “Sequence Listing XML” presented in accordance with paragraph (a) of this section must further: […] Comply with the requirements of WIPO Standard ST.26 to include: […] A document type (DOCTYPE) declaration as defined in paragraph 39(b) of WIPO Standard ST.26;
To avoid these issues, ensure that the correct DOCTYPE declaration is included in the Sequence Listing XML as specified in the MPEP and WIPO Standard ST.26.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2413.01(D) - The "Sequence Listing Xml" Must Contain A Doctype Declaration,
Patent Law,
Patent Procedure