What is the process for submitting a biological sequence listing for a patent application filed on or after July 1, 2022?

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.

For patent applications filed on or after July 1, 2022, the process for submitting biological sequence listings is as follows:

1. Prepare a “Sequence Listing XML” as an XML file.
2. Ensure the file complies with 37 CFR 1.831 – 1.834.
3. Submit the file via the USPTO patent electronic filing system or on a read-only optical disc.

MPEP 608.05(c) states: “For applications filed on or after July 1, 2022, the sequence listing must be a ‘Sequence Listing XML’ (as an XML file in compliance with 37 CFR 1.831 – 1.834) submission can be submitted via the USPTO patent electronic filing system or on read-only optical disc.”

For detailed information on this process, refer to MPEP §§ 2412 – 2419.