What are the consequences of failing to timely provide a required “Sequence Listing XML”?
If an applicant fails to timely provide a required “Sequence Listing XML” in response to a notice from the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), there are significant consequences for the search and examination of the application. MPEP 2414.05 states: “If the applicant fails to timely provide the required…
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…
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 MoreWhat are the consequences of failing to incorporate the “Sequence Listing XML” by reference?
What are the consequences of failing to incorporate the “Sequence Listing XML” by reference? Failing to incorporate the “Sequence Listing XML” by reference can have serious consequences for a patent application. According to MPEP 2413.04: “If an application as filed does not contain such an incorporation by reference statement with respect to a Sequence Listing…
Read MoreCan a Sequence Listing XML file be compressed for submission?
Can a Sequence Listing XML file be compressed for submission? Yes, Sequence Listing XML files can be compressed for submission to the USPTO. According to MPEP 2413.02: “The file may be compressed using WinZip® and then it will have a ‘.zip’ file extension.“ Compressing the file can be useful if you need to reduce the…
Read MoreWhat character restrictions apply to different parts of the Sequence Listing XML?
The MPEP 2413.01(a) outlines specific character restrictions for different parts of the Sequence Listing XML: General information and NonEnglishQualifier_value: “The information contained in the elements ApplicantName, InventorName and InventionTitle of the general information part, and the NonEnglishQualifier_value of the sequence data part, may be composed of any valid Unicode characters indicated in the XML 1.0…
Read MoreWhat is the “CDS” feature key in a “Sequence Listing XML”?
The “CDS” (Coding Sequence) feature key in a “Sequence Listing XML” is used to identify coding sequences, which are sequences of nucleotides corresponding to the sequence of amino acids in a protein. As explained in MPEP 2413.01(g): “The ‘CDS’ feature key may be used to identify coding sequences, i.e., sequences of nucleotides which correspond to…
Read MoreWhat is considered an “amino acid” in a Sequence Listing XML?
According to MPEP 2412.03(b), an “amino acid” in a Sequence Listing XML includes: Any D- or L-amino acid Modified amino acids as defined in WIPO Standard ST.26 Amino acids with modified or synthetic side chains The MPEP states: Amino acids will be construed as unmodified L-amino acids unless further described in a feature table. It’s…
Read MoreWhat is required when adding an initial “Sequence Listing XML” to a patent application after the filing date?
When adding an initial “Sequence Listing XML” to a patent application after the filing date, the following are required: A compliant “Sequence Listing XML” submitted as an XML file via the USPTO Patent Electronic Filing System or on a read-only optical disc. An amendment to the specification incorporating the “Sequence Listing XML” by reference. A…
Read MoreCan the incorporation by reference of the Sequence Listing XML be added after the filing date?
Can the incorporation by reference of the Sequence Listing XML be added after the filing date? Yes, the incorporation by reference of the Sequence Listing XML can be added after the filing date, but there are specific conditions and potential consequences to be aware of. According to MPEP 2413.04: “An incorporation by reference statement added…
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