What types of sequences must be included in a Sequence Listing XML?

According to MPEP 2412.02, a Sequence Listing XML must include nucleotide and/or amino acid sequences that are disclosed by enumeration of their residues in patent applications. The MPEP cites 37 CFR 1.831(a), which states:

“Patent applications disclosing nucleotide and/or amino acid sequences by enumeration of their residues, as defined in paragraph (b) of this section, must contain, as a separate part of the disclosure, a computer readable Sequence Listing in XML format (a “Sequence Listing XML”).”

However, it’s important to note that not all sequences should be included. The MPEP further clarifies: “Disclosed nucleotide or amino acid sequences that do not meet the definition in paragraph (b) of this section must not be included in the ‘Sequence Listing XML.'” This means that only sequences meeting specific criteria defined in the regulations should be included in the Sequence Listing XML.

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Topics: MPEP 2400 - Biotechnology, MPEP 2412.02 - Definition Of "Sequence Listing Xml", Patent Law, Patent Procedure
Tags: amino acid sequences, Enumeration Of Residues, nucleotide sequences, patent applications, sequence listing xml