What sequences must be included in 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.

According to MPEP 2412.03, the following sequences must be included in a “Sequence Listing XML”:

• Unbranched sequences or linear regions of branched sequences containing 4 or more specifically defined amino acids forming a single peptide backbone
• Unbranched sequences or linear regions of branched sequences of 10 or more specifically defined nucleotides joined by phosphodiester linkages or chemical bonds mimicking naturally occurring nucleic acids

The MPEP states: Generally, the data associated with nucleotide sequences that are an unbranched sequence or constitute a linear portion of a branched sequence of 10 or more specifically defined nucleotides are required to be listed in a “Sequence Listing XML.”