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

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.

To learn more:

Topics: MPEP 2400 - Biotechnology, MPEP 2416 - Form Paragraphs, Patent Law, Patent Procedure
Tags: Crf, error correction, patent applications, sequence listing xml, USPTO