What is the feature table in a “Sequence Listing XML”?

The feature table in a “Sequence Listing XML” contains information on the location and roles of various regions within a particular sequence. As stated in MPEP 2413.01(g): “A ‘feature table’ contains information on the location and roles of various regions within a particular sequence. A feature table is required for every sequence, except for any…

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Are there any exceptions to the requirement for incorporating the “Sequence Listing XML” by reference?

Yes, there is an exception to the requirement for incorporating the “Sequence Listing XML” by reference. According to MPEP 2413.04 and 37 CFR 1.834(c)(2): “If the ‘Sequence Listing XML’ required by § 1.831(a) is submitted in XML file format via the USPTO patent electronic filing system or on a read-only optical disc (in compliance with…

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When is an English translation of a “Sequence Listing XML” required?

An English translation of a “Sequence Listing XML” is required when the original submission contains language-dependent free text elements in a language other than English. This requirement is based on 37 CFR 1.52(b)(1)(ii), which states: “[The application] must: Be in the English language or be accompanied by a translation of the application and a translation…

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When did the requirement for including an XML declaration in Sequence Listing XML become effective?

The requirement for including an XML declaration in Sequence Listing XML became effective for patent applications filed on or after July 1, 2022. As stated in MPEP 2413.01(c): 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…

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What should I do if my Sequence Listing XML contains errors?

If your Sequence Listing XML contains errors, the USPTO will notify you through a PAIR document titled “Computer Readable Form (CRF) for Sequence Listing – Defective.” According to MPEP 2416, you must provide: A replacement “Sequence Listing XML” part of the disclosure A statement identifying the location of all additions, deletions, or replacements of sequence…

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What are the consequences of omitting the XML declaration in a Sequence Listing XML?

Omitting the XML declaration in a Sequence Listing XML can have serious consequences for a patent application. While not explicitly stated in MPEP 2413.01(c), the implications can be inferred: The application may be considered non-compliant with 37 CFR 1.833(b)(2)(i) It may lead to processing errors or misinterpretation of the sequence data The patent office may…

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