What is required when adding an initial “Sequence Listing XML” to a patent application after the filing date?
When adding an initial “Sequence Listing XML” to a patent application after the filing date, the following are required:
- A compliant “Sequence Listing XML” submitted as an XML file via the USPTO Patent Electronic Filing System or on a read-only optical disc.
- An amendment to the specification incorporating the “Sequence Listing XML” by reference.
- A statement indicating the basis for the amendment with specific references to the original application.
- A statement that the “Sequence Listing XML” includes no new matter.
As stated in 37 CFR 1.835(a): “Any amendment to a patent application adding an initial submission of a ‘Sequence Listing XML’ as required by § 1.831(a) after the application filing date must include [the above requirements].”
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2414.02 - Amendment To Add An Initial "Sequence Listing Xml" Under 37 Cfr 1.835(A),
Patent Law,
Patent Procedure