How do I properly incorporate the “Sequence Listing XML” by reference in my patent application?

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.

To properly incorporate the “Sequence Listing XML” by reference in your patent application, you need to include a specific statement in the specification. According to MPEP 2413.04 and 37 CFR 1.834(c)(1), the specification must contain a statement in a separate paragraph that incorporates by reference the material in the XML file, identifying:

• (i) The name of the file;
• (ii) The date of creation; and
• (iii) The size of the file in bytes

This statement should be included in the specification as per 37 CFR 1.77(b)(5). It’s important to note that this requirement applies to 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).