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What is the difference between WIPO Standard ST.25 and ST.26 for Sequence Listings?

A

What is the difference between WIPO Standard ST.25 and ST.26 for Sequence Listings?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
10 Rules5 Related FAQs

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.

WIPO Standard ST.25 and ST.26 are two different formats for submitting Sequence Listings in patent applications. The key differences are:

  • ST.25 is the older format, used for applications filed before July 1, 2022.
  • ST.26 is the new XML-based format, required for applications filed on or after July 1, 2022.

The MPEP explains the transition:

“Though 37 CFR 1.821 through 1.825 remain applicable for applications with a filing date before July 1, 2022, those provisions will not be applicable to applications filed on or after July 1, 2022.”

This means that applicants must use the new ST.26 XML format for all new applications filed on or after July 1, 2022, even if they are claiming priority to applications that used the older ST.25 format.

  • Filing Date Determines Sequence Listing RulesMPEP 2415.01Required
  • Sequence Listing XML Required for Nucleotide and Amino Acid SequencesMPEP 2415.01Required
  • Sequence Listing XML Required Before July 1, 2022MPEP 2415.01
  • Requirement for Sequence Listing XML SubmissionMPEP 2415.01
  • Transform Sequence Listing for Continuation ApplicationsMPEP 2415.01Required
  • Reissue Application Sequence Listing Rules Not Dependent on Original Patent Filing DateMPEP 2415.01
  • Reissue Applications with Nucleotide/Amino Acid Sequences Must Comply With Specific RulesMPEP 2415.01
  • International Filing Date as National Stage Filing DateMPEP 2415.01
  • International Filing Date Determines USPTO SubmissionMPEP 2415.01
  • Claiming Benefit of Earlier Filing DateMPEP 201.08
  • What are the consequences of not submitting a Sequence Listing in XML format when required?
  • How does the Patent Law Treaties Implementation Act (PLTIA) affect Sequence Listing requirements?
  • What are the requirements for submitting a Sequence Listing in XML format?
  • Does the Sequence Listing XML requirement apply to international applications entering the national stage?
  • When is a Sequence Listing in XML format required for patent applications?
Topics: MPEP 2400 - Biotechnology MPEP 2415.01 - Determining When A Sequence Listing In Xml Format Must Be Submitted Patent Law Patent Procedure
Tags: Filing Date Components
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