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 MoreWhat is the purpose of the statement required when submitting an amended sequence listing XML file?
When submitting an amended sequence listing XML file, a statement is required to ensure that no new matter has been introduced. The MPEP 2414 states: “The statement must be submitted with the amended sequence listing XML file. The statement must indicate that the XML file complies with 37 CFR 1.835(b)(5) and the content of the…
Read MoreCan an examiner require the submission of a Sequence Listing XML?
Yes, an examiner can require the submission of a Sequence Listing XML under certain circumstances. MPEP 2414 states: “Additionally, the examiner can require the filing of an added initial ‘Sequence Listing XML’ if the ‘Sequence Listing XML’ or a replacement ‘Sequence Listing XML’ if an application fails to comply with 37 CFR 1.831 – 1.834.”…
Read MoreWhat happens if a sequence listing XML file is not submitted within the time period set in the notice?
If a sequence listing XML file is not submitted within the time period set in the notice, the application may be held abandoned. According to MPEP 2414: “If applicant fails to timely provide the required sequence listing XML file, the application will be held abandoned.” It’s crucial for applicants to respond promptly to any notices…
Read MoreWhat happens if a required Sequence Listing XML is not submitted or is defective?
If a required Sequence Listing XML is not submitted or is defective on the filing date of an application, the USPTO will take action. According to MPEP 2414: “When no ‘Sequence Listing XML’ or a defective ‘Sequence Listing XML’ is submitted on the filing date in an application where a compliance ‘Sequence Listing XML’ is…
Read MoreCan amendments to a sequence listing XML file be made after the filing date?
Yes, amendments to a sequence listing XML file can be made after the filing date, but there are specific rules governing such amendments. According to MPEP 2414: “Any amendments to a sequence listing XML file must comply with the requirements of 37 CFR 1.835(b).” This means that: Amendments must not include any new matter beyond…
Read MoreWhat are the differences between an added initial Sequence Listing XML and a replacement Sequence Listing XML?
The MPEP 2414 distinguishes between two types of Sequence Listing XML submissions: Added Initial Sequence Listing XML: This is required when no Sequence Listing XML was submitted on the filing date of the application. It is submitted under 37 CFR 1.835(a). Replacement Sequence Listing XML: This is required when a defective Sequence Listing XML was…
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