What statements are required when adding a “Sequence Listing XML” to a patent application?

When adding a “Sequence Listing XML” to a patent application, two important statements are required:

  1. A statement indicating the basis for the amendment, with specific references to particular parts of the application as originally filed (specification, claims, drawings) for all sequence data in the “Sequence Listing XML”.
  2. A statement that the “Sequence Listing XML” includes no new matter.

These requirements are outlined in 37 CFR 1.835(a)(3) and (4):

“(3) A statement that indicates the basis for the amendment, with specific references to particular parts of the application as originally filed (specification, claims, drawings) for all sequence data in the ‘Sequence Listing XML’; and

(4) A statement that the ‘Sequence Listing XML’ includes no new matter.”

These statements ensure that the added sequence information is properly supported by the original application and does not introduce new material.

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
Tags: Required Statements, sequence listing xml, USPTO