What is the process for incorporating a replacement “Sequence Listing XML” by reference in a patent application?

To incorporate a replacement “Sequence Listing XML” by reference in a patent application, follow these steps:

1. Submit the replacement “Sequence Listing XML” file
2. Amend the specification to include an incorporation by reference statement

According to MPEP 2414.03, the amendment should include:

A request to amend the specification to include an incorporation by reference statement of the material in the replacement “Sequence Listing XML” file that identifies the name of the file, the date of creation, and the size of the file in bytes (see § 1.77(b)(5)(ii)), except when the replacement “Sequence Listing XML” is submitted to the United States International Preliminary Examining Authority for an international application

This requirement is based on 37 CFR 1.835(b)(2). The incorporation by reference statement should be placed in a separate paragraph of the specification and include the following information:

• Name of the XML file
• Date of creation of the file
• Size of the file in bytes

This process ensures that the replacement “Sequence Listing XML” becomes an integral part of the patent application and is properly documented for examination and future reference.

To learn more:

• Sequence Listing XML
• Patent Application
• Incorporation by Reference
• USPTO
• Biotechnology Patents