What character encoding is required for Sequence Listing XML files?
What character encoding is required for Sequence Listing XML files? The MPEP 2413.02 specifies a particular character encoding requirement for Sequence Listing XML files: “The character encoding must be UTF-8 compliant.“ UTF-8 (Unicode Transformation Format – 8-bit) is a widely used character encoding capable of encoding all possible Unicode code points. This requirement ensures that:…
Read MoreIs translating a “Sequence Listing XML” considered an amendment?
No, translating a “Sequence Listing XML” is not considered an amendment under certain conditions. According to MPEP 2414.04: “Compliance with paragraphs (a) through (c) of this section is not required for submission of a “Sequence Listing XML” that is solely an English translation of a previously submitted “Sequence Listing XML” that contains non-English values for…
Read MoreWhat are the technical requirements for a Sequence Listing XML file?
The technical requirements for a Sequence Listing XML file are specified in the patent regulations. MPEP 2413 states that “37 CFR 1.834 details the specifics on the technical form and format of the .xml file containing the ‘Sequence Listing XML.’” This regulation outlines the specific technical standards that must be met when creating and submitting…
Read MoreWhat are the submission options for a “Sequence Listing XML” file?
There are two main options for submitting a “Sequence Listing XML” file: Electronic submission: Via the USPTO patent electronic filing system, specifically the Patent Center system. This method is preferred for files up to 100 MB in size. As stated in the MPEP, For submission of a “Sequence Listing XML” that is 100MB in size…
Read MoreWhat should be included in the amendment to the specification when adding a “Sequence Listing XML”?
When adding a “Sequence Listing XML” to a patent application, the amendment to the specification must include an incorporation by reference statement. This statement should contain: The name of the XML file containing the “Sequence Listing XML” The date of creation of the file The size of the file in bytes According to 37 CFR…
Read MoreWhat is the root element requirement for a “Sequence Listing XML” in patent applications?
The “Sequence Listing XML” in patent applications filed on or after July 1, 2022, must contain a root element as defined in paragraph 43 of WIPO Standard ST.26. This requirement is specified in 37 CFR 1.833(b)(2)(iii). The root element must include several attributes, as stated in the MPEP: “WIPO Standard ST.26, paragraph 43, proscribes the…
Read MoreWhat is a “Sequence Listing XML” and when is it required?
A “Sequence Listing XML” is a standardized format for presenting nucleotide and/or amino acid sequences in patent applications. It is required for all applications filed on or after July 1, 2022, that have disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b). The XML format ensures that sequence information is machine-readable…
Read MoreWhat is the requirement for submitting a “Sequence Listing XML” in international applications under the PCT?
According to MPEP 2414.05, international applications filed under the PCT that contain a disclosure of nucleotide and/or amino acid sequences must include a sequence listing part of the description that complies with the standard provided in Annex C of the Administrative Instructions. The MPEP states: “Where an international application, filed under the PCT, contains a…
Read MoreWhat are the requirements for submitting a “Sequence Listing XML” in patent applications?
According to MPEP 2416, patent applications filed on or after July 1, 2022, that contain disclosures of nucleotide and/or amino acid sequences must include a “Sequence Listing XML” as a separate part of the disclosure. This XML file must be submitted in one of two ways: Via the USPTO’s patent electronic filing system (Patent Center)…
Read MoreWhen did the new requirements for “Sequence Listing XML” submissions take effect?
The new requirements for “Sequence Listing XML” submissions took effect on July 1, 2022. As stated in the editor’s note in MPEP 2413.02: “This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).“ This means that patent…
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