What is a “Sequence Listing XML” and when is it required?
A “Sequence Listing XML” is a standardized format for presenting nucleotide and/or amino acid sequences in patent applications. It is required for all applications filed on or after July 1, 2022, that have disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b). The XML format ensures that sequence information is machine-readable…
Read MoreWhat is the requirement for submitting a “Sequence Listing XML” in international applications under the PCT?
According to MPEP 2414.05, international applications filed under the PCT that contain a disclosure of nucleotide and/or amino acid sequences must include a sequence listing part of the description that complies with the standard provided in Annex C of the Administrative Instructions. The MPEP states: “Where an international application, filed under the PCT, contains a…
Read MoreWhat are the requirements for submitting a “Sequence Listing XML” in patent applications?
According to MPEP 2416, patent applications filed on or after July 1, 2022, that contain disclosures of nucleotide and/or amino acid sequences must include a “Sequence Listing XML” as a separate part of the disclosure. This XML file must be submitted in one of two ways: Via the USPTO’s patent electronic filing system (Patent Center)…
Read MoreWhen did the new requirements for “Sequence Listing XML” submissions take effect?
The new requirements for “Sequence Listing XML” submissions took effect on July 1, 2022. As stated in the editor’s note in MPEP 2413.02: “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 1.831(b).“ This means that patent…
Read MoreWhat 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 MoreAre reissue applications subject to the Sequence Listing XML requirement?
Yes, reissue applications filed on or after July 1, 2022, are subject to the Sequence Listing XML requirement if they contain nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(a) or (b). The MPEP clarifies: “Compliance with 37 CFR 1.831 through 1.835 (rules based on WIPO Standard ST.26) is also applicable to any…
Read MoreHow does the Sequence Listing XML requirement affect applications claiming priority to earlier filings?
Applications filed on or after July 1, 2022, that claim benefit or priority to earlier applications must still comply with the new Sequence Listing XML requirement, regardless of the format used in the prior application. The MPEP clarifies: “If a prior application to which benefit or priority is claimed contains a ‘Sequence Listing’ in Standard…
Read MoreDoes the Sequence Listing XML requirement apply to international applications entering the national stage?
Yes, the Sequence Listing XML requirement applies to international applications entering the national stage based on their international filing date. The MPEP states: “As provided in 35 U.S.C. 363, the filing date of an international stage application is also the filing date for the national stage application filed under 35 U.S.C. 371. Accordingly, for applications…
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 statements are required when adding a “Sequence Listing XML” to a patent application?
When adding a “Sequence Listing XML” to a patent application, two important statements are required: A statement indicating the basis for the amendment, with specific references to particular parts of the application as originally filed (specification, claims, drawings) for all sequence data in the “Sequence Listing XML”. A statement that the “Sequence Listing XML” includes…
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