What sequences must be included in a “Sequence Listing XML”?
According to MPEP 2412.03, the following sequences must be included in a “Sequence Listing XML”: Unbranched sequences or linear regions of branched sequences containing 4 or more specifically defined amino acids forming a single peptide backbone Unbranched sequences or linear regions of branched sequences of 10 or more specifically defined nucleotides joined by phosphodiester linkages…
Read MoreWhat sequences are excluded from a Sequence Listing XML?
According to MPEP 2412.03, certain sequences must be excluded from a Sequence Listing XML: Sequences having fewer than 10 specifically defined nucleotides Sequences having fewer than 4 specifically defined amino acids The MPEP cites 37 CFR 1.831(j), which states: A “Sequence listing XML” must not include any sequences having fewer than 10 specifically defined nucleotides,…
Read MoreWhat are the requirements for representing sequence variants in a “Sequence Listing XML”?
According to MPEP 2412.05(c), there are specific requirements for representing sequence variants in a “Sequence Listing XML”: Each primary sequence and its variants must be included separately and assigned unique sequence identifiers. Variants disclosed as a single sequence with enumerated alternative residues should be represented using the most restrictive ambiguity symbol. Variants disclosed only by…
Read MoreWhat is the difference between a “Sequence Listing XML” and a “Sequence Listing”?
The main difference between a “Sequence Listing XML” and a “Sequence Listing” lies in the format and the filing date of the patent application. According to MPEP 2412.02: Sequence Listing XML: Used for applications filed on or after July 1, 2022. It is a computer-readable format of the sequences in XML format in accordance with…
Read MoreWhat character encoding is required for Sequence Listing XML files?
What character encoding is required for Sequence Listing XML files? The MPEP 2413.02 specifies a particular character encoding requirement for Sequence Listing XML files: “The character encoding must be UTF-8 compliant.“ UTF-8 (Unicode Transformation Format – 8-bit) is a widely used character encoding capable of encoding all possible Unicode code points. This requirement ensures that:…
Read MoreIs translating a “Sequence Listing XML” considered an amendment?
No, translating a “Sequence Listing XML” is not considered an amendment under certain conditions. According to MPEP 2414.04: “Compliance with paragraphs (a) through (c) of this section is not required for submission of a “Sequence Listing XML” that is solely an English translation of a previously submitted “Sequence Listing XML” that contains non-English values for…
Read MoreWhat are the technical requirements for a Sequence Listing XML file?
The technical requirements for a Sequence Listing XML file are specified in the patent regulations. MPEP 2413 states that “37 CFR 1.834 details the specifics on the technical form and format of the .xml file containing the ‘Sequence Listing XML.’” This regulation outlines the specific technical standards that must be met when creating and submitting…
Read MoreWhat are the submission options for a “Sequence Listing XML” file?
There are two main options for submitting a “Sequence Listing XML” file: Electronic submission: Via the USPTO patent electronic filing system, specifically the Patent Center system. This method is preferred for files up to 100 MB in size. As stated in the MPEP, For submission of a “Sequence Listing XML” that is 100MB in size…
Read MoreWhat should be included in the amendment to the specification when adding a “Sequence Listing XML”?
When adding a “Sequence Listing XML” to a patent application, the amendment to the specification must include an incorporation by reference statement. This statement should contain: The name of the XML file containing the “Sequence Listing XML” The date of creation of the file The size of the file in bytes According to 37 CFR…
Read MoreWhat is the root element requirement for a “Sequence Listing XML” in patent applications?
The “Sequence Listing XML” in patent applications filed on or after July 1, 2022, must contain a root element as defined in paragraph 43 of WIPO Standard ST.26. This requirement is specified in 37 CFR 1.833(b)(2)(iii). The root element must include several attributes, as stated in the MPEP: “WIPO Standard ST.26, paragraph 43, proscribes the…
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