MPEP § 2413.01(d) — The “Sequence Listing XML” Must Contain a DOCTYPE Declaration (Annotated Rules)

§2413.01(d) The “Sequence Listing XML” Must Contain a DOCTYPE Declaration

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

This page consolidates and annotates all enforceable requirements under MPEP § 2413.01(d), 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.

The “Sequence Listing XML” Must Contain a DOCTYPE Declaration

This section addresses The “Sequence Listing XML” Must Contain a DOCTYPE Declaration. Primary authority: 37 CFR 1.831(b) and 37 CFR 1.833. Contains: 2 requirements, 1 permission, and 1 other statement.

Key Rules

Topic

Sequence Listing Format

3 rules
StatutoryPermittedAlways
[mpep-2413-01-d-a05cf3e46d78da6bad668194]
XML Elements Must Follow Specific Formatting
Note:
The 'Sequence Listing XML' must contain a DOCTYPE declaration and follow formatting rules different from Standard ST.26, applicable to 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.]

37 CFR 1.77 · 37 CFR 1.831(b)Sequence Listing FormatSequence Listing RequirementsSequence Listing Content
StatutoryRequiredAlways
[mpep-2413-01-d-2faace6869de03e0cdd7e418]
Sequence Listing XML Must Include DOCTYPE Declaration
Note:
The 'Sequence Listing XML' for patent applications must include a document type declaration as per WIPO Standard ST.26.
(b) The “Sequence Listing XML” presented in accordance with paragraph (a) of this section must further:
  • *****
  • (2) Comply with the requirements of WIPO Standard ST.26 to include:
    • *****
    • (ii) A document type (DOCTYPE) declaration as defined in paragraph 39(b) of WIPO Standard ST.26;
Jump to MPEP Source · 37 CFR 1.833Sequence Listing FormatSequence Listing RequirementsSequence Listing Content
StatutoryRequiredAlways
[mpep-2413-01-d-6ade3162b79e8bbe531b146e]
Sequence Listing XML Must Contain DOCTYPE Declaration on Second Line
Note:
The 'Sequence Listing XML' for patent applications must include a DOCTYPE declaration in the second line.

WIPO Standard ST.26, paragraph 39(b), specifies that the second line of the XML instance must contain the document type (DOCTYPE) declaration, which is:

Jump to MPEP Source · 37 CFR 1.833Sequence Listing FormatSequence Listing ContentSequence Listing Requirements
Topic

Sequence Listing Content

1 rules
StatutoryInformativeAlways
[mpep-2413-01-d-41967c75e204b0f8685630ed]
XML Must Contain DOCTYPE Declaration
Note:
The Sequence Listing XML must include a DOCTYPE declaration as required for all 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.]

37 CFR 1.77 · 37 CFR 1.831(b)Sequence Listing ContentSequence Listing RequirementsSequence Listing Format

Citations

Primary topicCitation
Sequence Listing Content
Sequence Listing Format		37 CFR § 1.831(b)

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