When did the requirement for including an XML declaration in Sequence Listing XML become effective?

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.

The requirement for including an XML declaration in Sequence Listing XML became effective for patent applications filed on or after July 1, 2022. As stated in MPEP 2413.01(c):

This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).

This means that any patent application filed on or after this date must include the XML declaration in their Sequence Listing XML if they contain nucleotide or amino acid sequence disclosures.