MPEP § 2412.05(c) — Representation and Inclusion of Variants (Annotated Rules)

§2412.05(c) Representation and Inclusion of Variants

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 2412.05(c), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Representation and Inclusion of Variants

This section addresses Representation and Inclusion of Variants. Primary authority: 37 CFR 1.831(b) and 37 CFR 1.831(a). Contains: 2 requirements, 1 guidance statement, 1 permission, and 2 other statements.

Key Rules

Topic

Sequence Listing Format

4 rules
StatutoryPermittedAlways
[mpep-2412-05-c-4eadc454ecbbbc396dd7f034]
XML Element Representation Required
Note:
The rule requires the proper representation of XML elements in sequence listings for applications filed on or after July 1, 2022.

[Editor Note: This section is applicable to all applications with a filing date, or, for national phase applications, an international filing date, on or after July 1, 2022, having disclosure of one or more nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b). Formatting representations of XML (eXtensible Markup Language) elements in this section appear different than shown in Standard ST.26, which may be accessed at: www.wipo.int /export/sites/www/standards/en/pdf/03-26-01.pdf.]

Jump to MPEP Source · 37 CFR 1.831(b)Sequence Listing FormatSequence Listing ContentSequence Listing Requirements
StatutoryRequiredAlways
[mpep-2412-05-c-e4b06727b5e75dbb1b90b98a]
Variant Sequences Must Use Most Restrictive Ambiguity Symbol
Note:
When a variant sequence is disclosed as a single sequence with alternative residues, it must be included in the 'Sequence Listing XML' and represented by the most restrictive ambiguity symbol.

A primary sequence and any variant of that sequence, each disclosed by enumeration of its residues and meeting the definition in 37 CFR 1.831(a) and 1.831(b), must each be included in the “Sequence Listing XML” and assigned its own sequence identifier. Where a variant sequence is disclosed as a single sequence with enumerated alternative residues at one or more positions, it must be included in the “Sequence Listing XML” and should be represented by a single sequence, wherein the enumerated alternative residues are represented by the most restrictive ambiguity symbol. Any variant sequence, disclosed only by reference to deletion(s), insertion(s), or substitution(s) in a primary sequence, should be included in the “Sequence Listing XML”. The table below indicates the proper use of feature keys and qualifiers for nucleic acid and amino acid sequence variants:

Jump to MPEP Source · 37 CFR 1.831(a)Sequence Listing FormatSequence Listing RequirementsSequence Listing Content
StatutoryRecommendedAlways
[mpep-2412-05-c-a486e4cb43503bd47509ba35]
Variant Sequence Must Be Included In Sequence Listing XML
Note:
Any variant sequence disclosed by reference to deletions, insertions, or substitutions in a primary sequence must be included in the 'Sequence Listing XML'.

A primary sequence and any variant of that sequence, each disclosed by enumeration of its residues and meeting the definition in 37 CFR 1.831(a) and 1.831(b), must each be included in the “Sequence Listing XML” and assigned its own sequence identifier. Where a variant sequence is disclosed as a single sequence with enumerated alternative residues at one or more positions, it must be included in the “Sequence Listing XML” and should be represented by a single sequence, wherein the enumerated alternative residues are represented by the most restrictive ambiguity symbol. Any variant sequence, disclosed only by reference to deletion(s), insertion(s), or substitution(s) in a primary sequence, should be included in the “Sequence Listing XML”. The table below indicates the proper use of feature keys and qualifiers for nucleic acid and amino acid sequence variants:

Jump to MPEP Source · 37 CFR 1.831(a)Sequence Listing FormatSequence Listing RequirementsSequence Listing Content
StatutoryInformativeAlways
[mpep-2412-05-c-262dfbc8ada7fa8c750ff64e]
Representation of Sequence Variants in Sequence Listing XML Required
Note:
The rule requires that sequence variants be represented correctly in a Sequence Listing XML as detailed in MPEP § 2413.01(g), subsection XI.

For additional information about the representation of sequence variants in a “Sequence Listing XML,” see MPEP § 2413.01(g), subsection XI.

Jump to MPEP SourceSequence Listing FormatSequence Listing Requirements
Topic

Sequence Listing Content

3 rules
StatutoryInformativeAlways
[mpep-2412-05-c-56750d8d9e95a2a521868031]
Disclosure of Nucleotide and Amino Acid Sequences Required
Note:
All applications filed on or after July 1, 2022, must disclose one or more nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).

[Editor Note: This section is applicable to all applications with a filing date, or, for national phase applications, an international filing date, on or after July 1, 2022, having disclosure of one or more nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b). Formatting representations of XML (eXtensible Markup Language) elements in this section appear different than shown in Standard ST.26, which may be accessed at: www.wipo.int /export/sites/www/standards/en/pdf/03-26-01.pdf.]

Jump to MPEP Source · 37 CFR 1.831(b)Sequence Listing ContentSequence Listing RequirementsSequence Listing Format
StatutoryRequiredAlways
[mpep-2412-05-c-bcd740cf299e846af14ac45d]
Sequence Variants Must Be Included In Sequence Listing XML
Note:
All primary sequences and their variants, disclosed by residue enumeration and meeting specific criteria, must be included in the 'Sequence Listing XML' with unique identifiers.

A primary sequence and any variant of that sequence, each disclosed by enumeration of its residues and meeting the definition in 37 CFR 1.831(a) and 1.831(b), must each be included in the “Sequence Listing XML” and assigned its own sequence identifier. Where a variant sequence is disclosed as a single sequence with enumerated alternative residues at one or more positions, it must be included in the “Sequence Listing XML” and should be represented by a single sequence, wherein the enumerated alternative residues are represented by the most restrictive ambiguity symbol. Any variant sequence, disclosed only by reference to deletion(s), insertion(s), or substitution(s) in a primary sequence, should be included in the “Sequence Listing XML”. The table below indicates the proper use of feature keys and qualifiers for nucleic acid and amino acid sequence variants:

Jump to MPEP Source · 37 CFR 1.831(a)Sequence Listing ContentSequence Listing FormatSequence Listing Requirements
StatutoryInformativeAlways
[mpep-2412-05-c-874658a936f13bc5ef6e35a7]
Proper Use of Feature Keys and Qualifiers for Sequence Variants
Note:
This rule outlines how to properly represent nucleic acid and amino acid sequence variants in the 'Sequence Listing XML' by using feature keys and qualifiers.

A primary sequence and any variant of that sequence, each disclosed by enumeration of its residues and meeting the definition in 37 CFR 1.831(a) and 1.831(b), must each be included in the “Sequence Listing XML” and assigned its own sequence identifier. Where a variant sequence is disclosed as a single sequence with enumerated alternative residues at one or more positions, it must be included in the “Sequence Listing XML” and should be represented by a single sequence, wherein the enumerated alternative residues are represented by the most restrictive ambiguity symbol. Any variant sequence, disclosed only by reference to deletion(s), insertion(s), or substitution(s) in a primary sequence, should be included in the “Sequence Listing XML”. The table below indicates the proper use of feature keys and qualifiers for nucleic acid and amino acid sequence variants:

Jump to MPEP Source · 37 CFR 1.831(a)Sequence Listing ContentSequence Listing FormatSequence Listing Requirements

Citations

Primary topicCitation
Sequence Listing Content
Sequence Listing Format
37 CFR § 1.831(a)
Sequence Listing Content
Sequence Listing Format
37 CFR § 1.831(b)
Sequence Listing FormatMPEP § 2413.01(g)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31