How should the Sequence Listing XML be submitted in a patent application?
MPEP 2415 states that the Sequence Listing XML should be submitted “as a separate part of the specification.” This means it should be a distinct section within the patent application, separate from other parts of the disclosure. The Sequence Listing XML must conform to the requirements set forth in 37 CFR 1.831(a), which defines the…
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 types of patent applications require a Sequence Listing XML?
According to MPEP 2415, the Sequence Listing XML requirement applies to “Patent applications that contain disclosures of nucleotide and/or amino acid sequences.” This means any patent application filed on or after July 1, 2022, that includes biological sequence data as defined in 37 CFR 1.831(b) must submit this data in the Sequence Listing XML format…
Read MoreWhat happens if a patent application filed after July 1, 2022, doesn’t include a Sequence Listing XML?
While MPEP 2415 doesn’t explicitly state the consequences, failing to include a required Sequence Listing XML in a patent application filed on or after July 1, 2022, would likely result in a notice of incomplete application from the USPTO. The applicant would then need to submit the Sequence Listing XML to complete the application. Failure…
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