What is a “Sequence Listing XML” and when is it required?
A “Sequence Listing XML” is a file containing nucleotide and/or amino acid sequence information in XML format. It is required for applications filed on or after July 1, 2022, that contain disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b). As stated in MPEP 2414: “When an application filed on or…
Read MoreAre reissue applications subject to the Sequence Listing XML requirement?
Yes, reissue applications filed on or after July 1, 2022, are subject to the Sequence Listing XML requirement if they contain nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(a) or (b). The MPEP clarifies: “Compliance with 37 CFR 1.831 through 1.835 (rules based on WIPO Standard ST.26) is also applicable to any…
Read MoreHow does the Sequence Listing XML requirement affect applications claiming priority to earlier filings?
Applications filed on or after July 1, 2022, that claim benefit or priority to earlier applications must still comply with the new Sequence Listing XML requirement, regardless of the format used in the prior application. The MPEP clarifies: “If a prior application to which benefit or priority is claimed contains a ‘Sequence Listing’ in Standard…
Read MoreWhen is a Sequence Listing in XML format required for patent applications?
A Sequence Listing in XML format is required for patent applications filed on or after July 1, 2022, that disclose nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b). The MPEP states: “An application that has a filing date on or after July 1, 2022, will be required to provide a ‘Sequence Listing…
Read MoreDoes the Sequence Listing XML requirement apply to international applications entering the national stage?
Yes, the Sequence Listing XML requirement applies to international applications entering the national stage based on their international filing date. The MPEP states: “As provided in 35 U.S.C. 363, the filing date of an international stage application is also the filing date for the national stage application filed under 35 U.S.C. 371. Accordingly, for applications…
Read MoreWhen did the Sequence Listing XML requirement come into effect?
The Sequence Listing XML requirement came into effect on July 1, 2022. As stated in MPEP 2415, “For those applications filed on or after July 1, 2022, a ‘Sequence Listing XML’ (see 37 CFR 1.831(a)) as a separate part of the specification is required.” This applies to all patent applications with disclosures of nucleotide and/or…
Read MoreWhat statements are required when adding a “Sequence Listing XML” to a patent application?
When adding a “Sequence Listing XML” to a patent application, two important statements are required: A statement indicating the basis for the amendment, with specific references to particular parts of the application as originally filed (specification, claims, drawings) for all sequence data in the “Sequence Listing XML”. A statement that the “Sequence Listing XML” includes…
Read MoreWhat are the required DTDs for a Sequence Listing XML file?
What are the required DTDs for a Sequence Listing XML file? According to MPEP 2413, a Sequence Listing XML file must reference two specific Document Type Definitions (DTDs): ST.26 DTD: ““ ST.25 DTD: ““ These DTDs define the structure and elements allowed in the Sequence Listing XML file, ensuring compliance with WIPO Standard ST.26. To…
Read MoreWhat is a “Sequence Listing XML” in patent applications?
A “Sequence Listing XML” is an electronic file containing nucleotide and/or amino acid sequence information in XML format, as defined in 37 CFR 1.831(b). This format is required for patent applications filed on or after July 1, 2022, that disclose such sequences. According to MPEP 2419.02, “Upon transformation of the .xml file using the style…
Read MoreHow should I label and package optical discs containing a “Sequence Listing XML”?
When submitting a “Sequence Listing XML” on read-only optical discs, proper labeling and packaging are crucial. According to MPEP 2413.03, follow these guidelines: Marking: All read-only optical discs, fees, and accompanying papers should be marked “Mail Stop SEQUENCE.” Hand delivery: For hand delivery to the Customer Service Window, place the disc in a protective mailer…
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