What is the incorporation by reference paragraph for Sequence Listing XML?
The incorporation by reference paragraph is a crucial element when submitting a Sequence Listing XML for patent applications. According to MPEP 2416, this paragraph must be included in the specification and should contain specific information about the Sequence Listing XML file. The paragraph must include:
- The name of the XML file
- The date of creation of the XML file
- The size of the XML file in bytes
If the incorporation by reference paragraph is missing, defective, or incomplete, the applicant must provide a substitute specification that includes the correct paragraph. The MPEP states: “The incorporation by reference paragraph required by 37 CFR 1.834(c)(1), 37 CFR 1.835(a)(2), or 1.835(b)(2) is missing, defective or incomplete.”
It’s important to ensure this paragraph is accurate and complete to avoid delays in the patent application process and to comply with USPTO requirements for sequence listings.
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