Patent Law FAQ

When submitting a “Sequence Listing XML” in response to a notice from the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), applicants are required to pay a late furnishing fee. According to MPEP 2414.05:

“In response to such a requirement, the late furnishing fee set forth in § 1.445(a)(5) is also required.”

This fee is in addition to the submission of the “Sequence Listing XML” and a statement that the information does not go beyond the original disclosure. The specific amount of the fee can be found in 37 CFR 1.445(a)(5) and is subject to change, so applicants should consult the current fee schedule on the USPTO website.

To learn more:

• Sequence Listing XML
• PCT
• International Application
• USPTO
• ISA
• IPEA
• Late Furnishing Fee