What are the consequences of submitting an invalid Sequence Listing XML?

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.

While the MPEP section doesn’t explicitly state the consequences, submitting an invalid Sequence Listing XML can lead to significant issues in the patent application process. Based on the requirements outlined in MPEP § 2413.01(b) and 37 CFR 1.833(b)(1), an invalid submission may result in:

• Rejection or objection to the application
• Delays in examination
• Potential loss of priority date if not corrected in time
• Additional costs for correcting and resubmitting the sequence listing

To avoid these issues, applicants should ensure their Sequence Listing XML is valid according to the DTD specified in WIPO Standard ST.26, Annex II, preferably by using the WIPO Sequence tool as mentioned in the MPEP.