What statements are required when submitting a replacement Sequence Listing XML?

When submitting a replacement Sequence Listing XML for a patent application, several statements are required according to MPEP 2416. These statements ensure compliance with USPTO regulations and maintain the integrity of the application. The required statements include:

  1. A statement that identifies the location of all additions, deletions, or replacements of sequence information in the replacement Sequence Listing XML (37 CFR 1.835(b)(3))
  2. A statement that indicates support for the amendment in the application as filed (37 CFR 1.835(b)(4))
  3. A statement that the replacement Sequence Listing XML includes no new matter (37 CFR 1.835(b)(5))

The MPEP emphasizes the importance of these statements: “Applicant must provide: A statement that identifies the location of all additions, deletions, or replacements of sequence information in the replacement “Sequence Listing XML” as required by 37 CFR 1.835(b)(3); A statement that indicates support for the amendment in the application, as filed, as required by 37 CFR 1.835(b)(4); A statement that the replacement “Sequence Listing XML” includes no new matter as required by 37 CFR 1.835(b)(5).”

Failure to provide these statements may result in the Sequence Listing XML not being entered into the application, causing delays in the patent examination process.

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Topics: MPEP 2400 - Biotechnology, MPEP 2416 - Form Paragraphs, Patent Law, Patent Procedure
Tags: No New Matter, patent applications, Replacement Statements, sequence listing xml, USPTO