When is a replacement “Sequence Listing XML” required in a patent application?

A replacement “Sequence Listing XML” is required in a patent application under the following circumstances:

1. When errors are identified in a previously submitted “Sequence Listing XML”
2. When the previously submitted “Sequence Listing XML” fails to comply with 37 CFR 1.831 – 1.834
3. When the applicant chooses to amend a previously submitted “Sequence Listing XML”

According to MPEP 2414.03:

If pre-examination staff identifies that a previously submitted “Sequence Listing XML” contains errors or fails to comply with 37 CFR 1.831 – 1.834, a notice indicating the deficiencies will be issued to the applicant. Similarly, upon having a new application placed on the examiner’s docket, the examiner can identify errors in any “Sequence Listing XML” that might not have been identified by pre-examination staff.

Additionally, the MPEP states: If applicant recognizes a deficiency in a previously submitted “Sequence Listing XML” or otherwise chooses to amend a previously submitted “Sequence Listing XML,” a replacement “Sequence Listing XML” must be filed including all of the above described items.

In these cases, applicants must submit a compliant replacement “Sequence Listing XML” along with the necessary statements and amendments as outlined in 37 CFR 1.835(b).

To learn more:

• Sequence Listing XML
• Patent Application
• USPTO
• Biotechnology Patents
• Patent Examination