What are the requirements for submitting a Sequence Listing on read-only optical discs?

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.

When submitting a Sequence Listing on read-only optical discs, the following requirements apply:

• The specification must contain an incorporation by reference of the material on the read-only optical disc in a separate paragraph.
• The incorporation by reference must identify the name of the file, the date of creation, and the size of the file in bytes.
• The Sequence Listing may be compressed using WinZip®, 7-Zip, or Unix®/Linux® Zip.
• If a compressed file doesn’t fit on a single disc, it may be split into multiple file parts across multiple discs, labeled in compliance with 37 CFR 1.52(e)(5)(vi).
• Two copies of the disc(s) must be submitted, labeled “Copy 1” and “Copy 2,” with a statement that they are identical.

The MPEP states: If the “Sequence Listing” as required by 37 CFR 1.821(c) is submitted on read-only optical disc(s) in accordance with 37 CFR 1.52(e), the specification must contain an incorporation by reference of the material on the read-only optical disc in a separate paragraph (see 37 CFR 1.77(b)(5)) identifying the name of the file, the date of creation, and the size of the file in bytes (37 CFR 1.823(b)(1)).

It’s important to note that these requirements may differ for international applications or national stage applications under 35 U.S.C. 371.