Why does the USPTO transform Sequence Listing XML into ASCII text?
The USPTO transforms Sequence Listing XML into ASCII text to improve readability for publication purposes. According to MPEP 2419: “Because a ‘Sequence Listing XML’ exists only in .xml file format, the USPTO uses a style sheet to transform the ‘Sequence Listing XML’ into an ASCII text file which will be used for printing purposes to…
Read MoreCan I submit both a “Sequence Listing XML” and a “Sequence Listing” in the same application?
No, for applications filed on or after July 1, 2022, you cannot submit both a “Sequence Listing XML” and a “Sequence Listing” in the same application. The USPTO has specific rules regarding this matter. According to MPEP 2413.03: “For applications filed on or after July 1, 2022, the USPTO patent electronic filing system will prohibit…
Read MoreShould sequences be duplicated in both the Sequence Listing XML and drawings?
Generally, sequences included in the Sequence Listing XML should not be duplicated in the drawings. The MPEP 2412.06 states: “Pursuant to 37 CFR 1.83(a), sequences that are included in the “Sequence Listing XML” should not be duplicated in the drawings.” However, there are exceptions where including sequences in drawings may be necessary or beneficial: To…
Read MoreWhere can I find a sample Sequence Listing XML file?
A sample Sequence Listing XML file is available for reference. According to MPEP 2418: A sample sequence listing (XML file) specimen can be found in WIPO Standard ST.26, Annex III and at www.wipo.int/standards/en/xml_material/st26/st26-annex-iii-sequence-listing-specimen.xml. This sample file can be useful for understanding the structure and content of a compliant Sequence Listing XML file under WIPO Standard…
Read MoreWhat is required when a sequence is presented in a patent drawing?
When a sequence is presented in a patent drawing, there are specific requirements that must be followed. According to MPEP 2412.06: “When a sequence is presented in a drawing, the sequence must still be included in the ‘Sequence Listing XML’ if the sequence falls within the definition set forth in 37 CFR 1.831(b), and a…
Read MoreWhat statements are required when submitting a replacement Sequence Listing XML?
When submitting a replacement Sequence Listing XML for a patent application, several statements are required according to MPEP 2416. These statements ensure compliance with USPTO regulations and maintain the integrity of the application. The required statements include: A statement that identifies the location of all additions, deletions, or replacements of sequence information in the replacement…
Read MoreWhat statements are required when amending a “Sequence Listing XML”?
When amending a “Sequence Listing XML”, three key statements are required: A statement identifying the location of all changes A statement identifying the basis for all changes A statement that no new matter is introduced As specified in MPEP 2414.03: A statement that identifies the location of all additions, deletions, or replacements of sequence information…
Read MoreWhat statement must accompany a late-submitted “Sequence Listing XML” in PCT applications?
When submitting a “Sequence Listing XML” in response to a notice from the United States International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA), applicants must include a specific statement regarding the content of the submission. MPEP 2414.05 states: “The “Sequence Listing XML” must be accompanied by a statement that the information recorded does…
Read MoreWhat is the required encoding for a “Sequence Listing XML” file?
The “Sequence Listing XML” file must be encoded using Unicode UTF-8. As stated in MPEP 2413.01(a): “The ‘Sequence Listing XML’ as required by § 1.831(a) must be presented as a single file in XML 1.0 encoded using Unicode UTF–8, where the character set complies with paragraphs 40 and 41 and Annex IV of WIPO Standard…
Read MoreHow should variants be represented in a “Sequence Listing XML”?
Variants in a “Sequence Listing XML” should be represented according to specific guidelines. As outlined in MPEP 2413.01(g): A primary sequence and any variant of that sequence, each disclosed by enumeration of its residues, must be included in the sequence listing and assigned their own sequence identifier. A variant sequence disclosed as a single sequence…
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