What should I do if my Sequence Listing XML contains errors?

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 your Sequence Listing XML contains errors, the USPTO will notify you through a PAIR document titled “Computer Readable Form (CRF) for Sequence Listing – Defective.” According to MPEP 2416, you must provide:

1. A replacement “Sequence Listing XML” part of the disclosure
2. A statement identifying the location of all additions, deletions, or replacements of sequence information
3. A statement indicating support for the amendment in the application as filed
4. A statement that the replacement “Sequence Listing XML” includes no new matter
5. A substitute specification with the required incorporation by reference paragraph

The MPEP states: “The “Sequence Listing XML” part of the disclosure filed with this application in accordance with 37 CFR 1.831 – 1.834 has been found to contain an error or errors as indicated on the PAIR document “Computer Readable Form (CRF) for Sequence Listing – Defective” dated [date].”

It’s crucial to address these errors promptly to ensure compliance with USPTO requirements and avoid potential delays in the patent application process.