What should be included in the amendment to the specification when adding a “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.
When adding a “Sequence Listing XML” to a patent application, the amendment to the specification must include an incorporation by reference statement. This statement should contain:
- The name of the XML file containing the “Sequence Listing XML”
- The date of creation of the file
- The size of the file in bytes
According to 37 CFR 1.835(a)(2): “A request to amend the specification to include an incorporation by reference statement of the material in the ‘Sequence Listing XML’ file, identifying the name of the file, the date of creation, and the size of the file in bytes (see § 1.77(b)(5)(ii)), except when submitted to the United States International Preliminary Examining Authority for an international application.”
This information should be provided in a separate paragraph of the specification.