37 CFR § 1.833 — Requirements for a “Sequence Listing (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.833 Requirements for a “Sequence Listing
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.833, including 132 rules 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.
Summary
The entire ‘Sequence Listing XML’ must be presented as a single file encoded using Unicode UTF-8, with an XML declaration in the first line and a DOCTYPE declaration on the second.
What this section covers
- The entire ‘Sequence Listing XML’ must be presented as a single file.
- The file must be encoded using Unicode UTF-8 as per WIPO Standard ST.26.
Key obligations
- Include an XML declaration in the first line.
- Mandate a DOCTYPE declaration on the second line of the XML instance.
- Ensure that a root element is present to encapsulate all sequence data.
Practice notes
- Ensure the XML declaration includes the correct version of XML.
- Do not omit the DOCTYPE declaration as it is crucial for validation purposes.
Official MPEP § 1.833 — Requirements for a “Sequence Listing
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.833 Requirements for a “Sequence Listing XML” for nucleotide and/or amino acid sequences as part of a patent application filed on or after July 1, 2022.
- (a) The “Sequence Listing XML” as required by § 1.831(a) must be presented as a single file in XML 1.0 encoded using Unicode UTF–8, where the character set complies with paragraphs 40 and 41 and Annex IV of WIPO Standard ST.26 (incorporated by reference, see § 1.839 ).
- (b) The “Sequence Listing XML” presented in
accordance with paragraph (a) of this section must further:
- (1) Be valid according to the Document Type Definition (DTD) as presented in WIPO Standard ST.26, Annex II.
- (2) Comply with the requirements of
WIPO Standard ST.26 to include:
- (i) An XML declaration as defined in paragraph 39(a) of WIPO Standard ST.26;
- (ii) A document type (DOCTYPE) declaration as defined in paragraph 39(b) of WIPO Standard ST.26;
- (iii) A root element as defined in paragraph 43 of WIPO Standard ST.26;
- (iv) A general information part that complies with the requirements of paragraphs 45, 47, and 48, as applicable, of WIPO Standard ST.26; and
- (v) A sequence data part that complies with the requirements of paragraphs 50–55, 57, 58, 60–69, 71–78, 80–87, 89–98, and 100, as applicable, of WIPO Standard ST.26 representing the nucleotide and/or amino acid sequences according to § 1.832 .
- (3) Include an INSDQualifier_value element with a value in English for any language-dependent free text qualifier as defined by paragraphs 76 and 85–87 of WIPO Standard ST.26, and as required by § 1.52(b)(1)(ii) .
[Added 87 FR 30806, May, 20, 2022, effective July 1, 2022]