What happens if a Sequence Listing XML lacks a proper DOCTYPE declaration?

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.

If a Sequence Listing XML lacks a proper DOCTYPE declaration, it will not comply with the requirements set forth in MPEP 2413.01(d) and 37 CFR 1.833. This non-compliance may result in:

• Rejection of the patent application
• Requirement for correction and resubmission
• Potential delays in the patent examination process

The MPEP emphasizes the importance of the DOCTYPE declaration:

The “Sequence Listing XML” presented in accordance with paragraph (a) of this section must further: […] Comply with the requirements of WIPO Standard ST.26 to include: […] A document type (DOCTYPE) declaration as defined in paragraph 39(b) of WIPO Standard ST.26;

To avoid these issues, ensure that the correct DOCTYPE declaration is included in the Sequence Listing XML as specified in the MPEP and WIPO Standard ST.26.