37 CFR § 1.834 — Form and format for nucleotide and/ (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.834 Form and format for nucleotide and/
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.834, including 36 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 Form and Format for Nucleotide and Amino Acid Sequence Listings specifies the requirements for submitting sequence listings in XML format, including encoding using Unicode UTF-8.
What this section covers
- Define the XML encoding requirements for sequence listings.
- Specify the core topic of nucleotide and amino acid sequences in XML format.
Key obligations
- State the requirement for using Unicode UTF-8 encoding.
- Identify that any means of creation, including custom programs, can be used.
- Mandate compliance with specific sections for detailed guidance on sequence listing requirements.
Practice notes
- Advise practitioners to ensure their XML files are correctly formatted and encoded.
- Warn against using unsupported or outdated methods for creating sequence listings.
Official MPEP § 1.834 — Form and format for nucleotide and/
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.834 Form and format for nucleotide and/ or amino acid sequence submissions as the ‘‘Sequence Listing XML’’ in patent applications filed on or after July 1, 2022.
- (a) A “Sequence Listing XML” encoded using
Unicode UTF–8, created by any means (
e.g., text
editors, nucleotide/amino acid sequence editors, or other custom
computer programs) in accordance with §§
1.831
through
1.833
, must:
- (1) Have the following
compatibilities:
- (i) Computer compatibility: PC or Mac ®; and
- (ii) Operating system compatibility: MS–DOS ®, MS-Windows ®, Mac OS ®, or Unix ®/Linux ®.
- (2) Be in XML format, where all permitted printable characters (including the space character) and nonprintable (control) characters are defined in paragraph 40 of WIPO Standard ST.26 (incorporated by reference, see § 1.839 ).
- (3) Be named as *.xml, where “*” is one character or a combination of characters limited to upper- or lowercase letters, numbers, hyphens, and underscores, and the name does not exceed 60 characters in total, excluding the extension. No spaces or other types of characters are permitted in the file name.
- (1) Have the following
compatibilities:
- (b) The “Sequence Listing XML” must be in a
single file containing the sequence information and be submitted
either:
- (1) Electronically via the USPTO patent electronic filing system, where the file size must not exceed 100 MB, and file compression is not permitted; or
- (2) On read-only optical disc(s) in
compliance with §
1.52(e)
, where:
- (i) A file that is not compressed must be contained on a single read-only optical disc;
- (ii) The file may be compressed using WinZip ®, 7-Zip, or Unix ®/Linux ® Zip;
- (iii) A compressed file must not be self-extracting; or
- (iv) A compressed XML file that does not fit on a single read-only optical disc may be split into multiple file parts, in accordance with the target read-only optical disc size, and labeled in compliance with § 1.52(e)(5)(vi) ;
- (c)
- (1) Unless paragraph (c)(2) of this
section applies, when the “Sequence Listing XML” required by
§
1.831(a)
is submitted in XML file format via the USPTO patent
electronic filing system or on a read-only optical disc (in
compliance with §
1.52(e)
), then the specification must
contain a statement in a separate paragraph
(
see §
1.77(b)(5)
) that incorporates by
reference the material in the XML file identifying:
- (i) The name of the file;
- (ii) The date of creation; and
- (iii) The size of the file in bytes; or
- (2) If the “Sequence Listing XML” required by § 1.831(a) is submitted in XML file format via the USPTO patent electronic filing system or on a read-only optical disc (in compliance with § 1.52(e) ) for an international application during the international stage, then an incorporation by reference statement of the material in the XML file is not required.
- (1) Unless paragraph (c)(2) of this
section applies, when the “Sequence Listing XML” required by
§
1.831(a)
is submitted in XML file format via the USPTO patent
electronic filing system or on a read-only optical disc (in
compliance with §
1.52(e)
), then the specification must
contain a statement in a separate paragraph
(
see §
1.77(b)(5)
) that incorporates by
reference the material in the XML file identifying:
[Added 87 FR 30806, May, 20, 2022, effective July 1, 2022]
- General Requirements
-
- Sequence Listing
| MPEP Section | Rules |
|---|---|
| MPEP § 2412.06 | |
| MPEP § 2413 | |
| MPEP § 2413.02 | |
| MPEP § 2413.03 | |
| MPEP § 608.05 |