How does the Sequence Listing XML requirement affect applications claiming priority to earlier filings?

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.

Applications filed on or after July 1, 2022, that claim benefit or priority to earlier applications must still comply with the new Sequence Listing XML requirement, regardless of the format used in the prior application. The MPEP clarifies:

“If a prior application to which benefit or priority is claimed contains a ‘Sequence Listing’ in Standard ST.25 format (in compliance with 37 CFR 1.821 through 1.825), the applicant will be required to transform that ‘Sequence Listing’ to WIPO Standard ST.26 format (a ‘Sequence Listing XML’ in compliance with 37 CFR 1.831 through 1.835) for inclusion in the new application filed on or after July 1, 2022.”

This means that applicants must convert older sequence listings to the new XML format when filing new applications, even if they claim priority to applications with earlier filing dates.