What 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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What is a “Sequence Listing XML” in patent applications?

A “Sequence Listing XML” is an electronic file containing nucleotide and/or amino acid sequence information in XML format, as defined in 37 CFR 1.831(b). This format is required for patent applications filed on or after July 1, 2022, that disclose such sequences. According to MPEP 2419.02, “Upon transformation of the .xml file using the style…

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How should I label and package optical discs containing a “Sequence Listing XML”?

When submitting a “Sequence Listing XML” on read-only optical discs, proper labeling and packaging are crucial. According to MPEP 2413.03, follow these guidelines: Marking: All read-only optical discs, fees, and accompanying papers should be marked “Mail Stop SEQUENCE.” Hand delivery: For hand delivery to the Customer Service Window, place the disc in a protective mailer…

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What are the size limitations for submitting a “Sequence Listing XML” file electronically?

When submitting a “Sequence Listing XML” file electronically via the USPTO patent electronic filing system, there is a specific size limitation. According to MPEP 2413.03: “For submission of a “Sequence Listing XML” that is 100MB in size or less, the preferred method of submission is via the USPTO Patent Electronic System. Only the Patent Center…

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What are the compression options for submitting a “Sequence Listing XML” on optical discs?

When submitting a “Sequence Listing XML” on read-only optical discs, there are specific compression options available. According to MPEP 2413.03, the following compression options are allowed: “The file may be compressed using WinZip®, 7-Zip, or Unix®/Linux® Zip;” However, it’s important to note the following restrictions: A compressed file must not be self-extracting. If a compressed…

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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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What information is included in patents or patent application publications when a “Sequence Listing” is not printed?

When a “Sequence Listing” is not included in the page images of a patent or patent application publication, a standardized statement appears. This statement includes: An explanation that the patent or application contains a lengthy “Sequence Listing” section. Information on how to access the “Sequence Listing” electronically from the USPTO website. Details on how to…

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