Can 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…

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Should 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…

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Where 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…

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What 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…

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What 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…

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What 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…

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