Can I still submit a sequence listing in ST.25 format for a patent application?
The ability to submit a sequence listing in ST.25 format depends on the filing date of your patent application:
- For applications filed before July 1, 2022, ST.25 format is still acceptable.
- For applications filed on or after July 1, 2022, only ST.26 XML format is accepted.
MPEP 2422.03 states: “Applicants may submit a sequence listing under 37 CFR 1.821 through 1.825 in applications filed before July 1, 2022, even where not required, provided the sequence listing complies with 37 CFR 1.821 through 1.825.” However, for newer applications, the MPEP clearly indicates: “For applications filed on or after July 1, 2022, a “Sequence Listing” must be submitted as an XML file compliant with WIPO Standard ST.26.“
It’s important to note that you cannot convert an ST.25 sequence listing to ST.26 format after the application’s filing date, as this could introduce new matter.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2422.03 - Sequence Listing Submission,
Patent Law,
Patent Procedure