MPEP § 2415 — Applicability date of “Sequence Listing XML” Requirements to Applications Based on Filing Date of Application and Procedures for Failure to Submit Correct Format of Sequence Listing (Annotated Rules)
§2415 Applicability date of “Sequence Listing XML” Requirements to Applications Based on Filing Date of Application and Procedures for Failure to Submit Correct Format of Sequence Listing
This page consolidates and annotates all enforceable requirements under MPEP § 2415, 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.
Applicability date of “Sequence Listing XML” Requirements to Applications Based on Filing Date of Application and Procedures for Failure to Submit Correct Format of Sequence Listing
This section addresses Applicability date of “Sequence Listing XML” Requirements to Applications Based on Filing Date of Application and Procedures for Failure to Submit Correct Format of Sequence Listing. Primary authority: 35 U.S.C. 371, 37 CFR 1.831(a)), and 37 CFR 1.831(a). Contains: 2 requirements and 1 other statement.
Key Rules
Sequence Listing Content
[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).]
Patent applications that contain disclosures of nucleotide and/or amino acid sequences must present the sequences and associated biological sequence data in a standardized electronic format. For those applications having a filing date on or after July 1, 2022, a “Sequence Listing XML” (see 37 CFR 1.831(a)) as a separate part of the specification is required. Note that for national phase applications submitted under 35 U.S.C. 371, the relevant date is the international filing date.
Components Required for Filing Date
Patent applications that contain disclosures of nucleotide and/or amino acid sequences must present the sequences and associated biological sequence data in a standardized electronic format. For those applications having a filing date on or after July 1, 2022, a “Sequence Listing XML” (see 37 CFR 1.831(a)) as a separate part of the specification is required. Note that for national phase applications submitted under 35 U.S.C. 371, the relevant date is the international filing date.
International Filing Date
Patent applications that contain disclosures of nucleotide and/or amino acid sequences must present the sequences and associated biological sequence data in a standardized electronic format. For those applications having a filing date on or after July 1, 2022, a “Sequence Listing XML” (see 37 CFR 1.831(a)) as a separate part of the specification is required. Note that for national phase applications submitted under 35 U.S.C. 371, the relevant date is the international filing date.
Citations
| Primary topic | Citation |
|---|---|
| Components Required for Filing Date International Filing Date Sequence Listing Content | 35 U.S.C. § 371 |
| Components Required for Filing Date International Filing Date Sequence Listing Content | 37 CFR § 1.831(a) |
| Sequence Listing Content | 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.
Official MPEP § 2415 — Applicability date of “Sequence Listing XML” Requirements to Applications Based on Filing Date of Application and Procedures for Failure to Submit Correct Format of Sequence Listing
Source: USPTO2415 Applicability date of “Sequence Listing XML” Requirements to Applications Based on Filing Date of Application and Procedures for Failure to Submit Correct Format of Sequence Listing [R-01.2024]
[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).]
Patent applications that contain disclosures of nucleotide and/or amino acid sequences must present the sequences and associated biological sequence data in a standardized electronic format. For those applications having a filing date on or after July 1, 2022, a “Sequence Listing XML” (see 37 CFR 1.831(a)) as a separate part of the specification is required. Note that for national phase applications submitted under 35 U.S.C. 371, the relevant date is the international filing date.