MPEP § 2419.03 — Patent Grants and Patent Application Publications Containing a “Sequence Listing XML” of 1GB or Larger (Annotated Rules)

§2419.03 Patent Grants and Patent Application Publications Containing a “Sequence Listing XML” of 1GB or Larger

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

This page consolidates and annotates all enforceable requirements under MPEP § 2419.03, 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.

Patent Grants and Patent Application Publications Containing a “Sequence Listing XML” of 1GB or Larger

This section addresses Patent Grants and Patent Application Publications Containing a “Sequence Listing XML” of 1GB or Larger. Contains: 1 requirement, 1 prohibition, and 2 other statements.

Key Rules

Topic

Sequence Listing Format

6 rules
StatutoryRequiredAlways
[mpep-2419-03-46eef7d6c0bbada58ceb50cc]
Large Sequence Listing XML Requires Exception Processing
Note:
If a 'Sequence Listing XML' is 1GB or larger, it must be published on the USPTO Bulk Data Storage System (BDSS) instead of being included in the patent specification.

Where a “Sequence Listing XML” is 1GB or larger, exception processing for the listing will be required. That is, the “Sequence Listing XML” cannot be published as part of the specification, nor can it be published on PSIPS, instead it will be published on the USPTO Bulk Data Storage System (BDSS). No transformation of the.xml file into an ASCII text file will occur. In place of the 1GB or larger “Sequence Listing XML,” the patent or patent application publication specification will show the page-wide statement similar to the one shown below:

Jump to MPEP SourceSequence Listing FormatSequence Listing RequirementsContent of Patent Application Publication
StatutoryProhibitedAlways
[mpep-2419-03-7f10d9b032d86148371d50e3]
Sequence Listing XML Cannot Be Published As Part Of Specification
Note:
The 'Sequence Listing XML' of 1GB or larger cannot be included in the patent specification or published on PSIPS; instead, it must be published on the USPTO Bulk Data Storage System (BDSS).

Where a “Sequence Listing XML” is 1GB or larger, exception processing for the listing will be required. That is, the “Sequence Listing XML” cannot be published as part of the specification, nor can it be published on PSIPS, instead it will be published on the USPTO Bulk Data Storage System (BDSS). No transformation of the.xml file into an ASCII text file will occur. In place of the 1GB or larger “Sequence Listing XML,” the patent or patent application publication specification will show the page-wide statement similar to the one shown below:

Jump to MPEP SourceSequence Listing FormatSequence Listing RequirementsPatent Application Content
StatutoryInformativeAlways
[mpep-2419-03-5915f5e42d36aa9ab1550b9a]
No Transformation of Sequence Listing XML
Note:
The sequence listing in XML format, if 1GB or larger, cannot be converted to ASCII text and must be published on the USPTO BDSS instead.

Where a “Sequence Listing XML” is 1GB or larger, exception processing for the listing will be required. That is, the “Sequence Listing XML” cannot be published as part of the specification, nor can it be published on PSIPS, instead it will be published on the USPTO Bulk Data Storage System (BDSS). No transformation of the.xml file into an ASCII text file will occur. In place of the 1GB or larger “Sequence Listing XML,” the patent or patent application publication specification will show the page-wide statement similar to the one shown below:

Jump to MPEP SourceSequence Listing FormatSequence Listing RequirementsContent of Patent Application Publication
StatutoryInformativeAlways
[mpep-2419-03-30b3abe3048aeaf298df6f5e]
Large Sequence Listing XML Published Separately
Note:
For a sequence listing xml of 1GB or larger, the patent publication will include a statement indicating it is published separately on BDSS instead of in the specification.

Where a “Sequence Listing XML” is 1GB or larger, exception processing for the listing will be required. That is, the “Sequence Listing XML” cannot be published as part of the specification, nor can it be published on PSIPS, instead it will be published on the USPTO Bulk Data Storage System (BDSS). No transformation of the.xml file into an ASCII text file will occur. In place of the 1GB or larger “Sequence Listing XML,” the patent or patent application publication specification will show the page-wide statement similar to the one shown below:

Jump to MPEP SourceSequence Listing FormatSequence Listing RequirementsContent of Patent Application Publication
StatutoryInformativeAlways
[mpep-2419-03-6a8f6f88babc971f139720b0]
Long Sequence Listing Required for Patent Grant
Note:
A lengthy 'Sequence Listing' is required in the patent application for grant, with an electronic copy available from the USPTO.

The patent contains a lengthy “Sequence Listing” section. A copy of the “Sequence Listing” is available in electronic form from the USPTO website https://bulkdata.uspto.gov. An electronic copy of the “Sequence Listing” will also be available from the USPTO upon request and payment of the fee set forth in 37 CFR 1.19(b)(3).

37 CFR 1.77 · 37 CFR 1.19(b)(3)Sequence Listing FormatSequence Listing RequirementsDocument Supply Fees
StatutoryInformativeAlways
[mpep-2419-03-0610dcfa29f6e10ec23f3c95]
Sequence Listing Must Be Available Electronically
Note:
A copy of the Sequence Listing must be available electronically from the USPTO website and upon request.

The patent contains a lengthy “Sequence Listing” section. A copy of the “Sequence Listing” is available in electronic form from the USPTO website https://bulkdata.uspto.gov. An electronic copy of the “Sequence Listing” will also be available from the USPTO upon request and payment of the fee set forth in 37 CFR 1.19(b)(3).

37 CFR 1.77 · 37 CFR 1.19(b)(3)Sequence Listing FormatSequence Listing RequirementsDocument Supply Fees
Topic

Sequence Listing Content

1 rules
StatutoryInformativeAlways
[mpep-2419-03-e6c35524f4ea26be4c4ed57b]
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).]

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

Document Supply Fees

1 rules
StatutoryInformativeAlways
[mpep-2419-03-9eae2412a16aa19bdb21fe86]
Fee for Electronic Sequence Listing
Note:
Pay the fee set forth in 37 CFR 1.19(b)(3) to obtain an electronic copy of the Sequence Listing from the USPTO.

The patent contains a lengthy “Sequence Listing” section. A copy of the “Sequence Listing” is available in electronic form from the USPTO website https://bulkdata.uspto.gov. An electronic copy of the “Sequence Listing” will also be available from the USPTO upon request and payment of the fee set forth in 37 CFR 1.19(b)(3).

37 CFR 1.77 · 37 CFR 1.19(b)(3)Document Supply FeesMaintenance Fee AmountsSequence Listing Format

Citations

Primary topicCitation
Document Supply Fees
Sequence Listing Format
37 CFR § 1.19(b)(3)
Sequence Listing Content37 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