How does WIPO Standard ST.26 affect Sequence Listing XML submissions?
WIPO Standard ST.26 significantly affects Sequence Listing XML submissions for patent applications filed on or after July 1, 2022. According to MPEP 2413.01(d), the standard: Mandates the use of XML format for sequence listings Requires specific elements, including a DOCTYPE declaration Defines the structure and content of the XML file The MPEP states: The “Sequence…
Read MoreWhen did the USPTO implement the Sequence Listing XML requirement?
The USPTO implemented the Sequence Listing XML requirement for patent applications filed on or after July 1, 2022. This is clearly stated in the editor’s note of MPEP 2419.01: “[Editor Note: 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…
Read MoreWhat happens to Sequence Listing XML files that exceed the 600KB limit?
While MPEP 2419.01 does not explicitly state what happens to Sequence Listing XML files that exceed the 600KB limit when transformed into ASCII text, it implies that these larger files are treated differently: “Upon transformation of the .xml file using the style sheet to an ASCII text file, any ASCII text file produced by the…
Read MoreHow does the USPTO determine if a Sequence Listing XML is “non-lengthy”?
The USPTO determines if a Sequence Listing XML is “non-lengthy” based on the size of the ASCII text file produced after transforming the XML file. According to MPEP 2419.01: “Upon transformation of the .xml file using the style sheet to an ASCII text file, any ASCII text file produced by the USPTO that is under…
Read MoreWhat format is required for submitting sequence listings in provisional applications filed on or after July 1, 2022?
For provisional applications filed on or after July 1, 2022, if an applicant chooses to submit nucleotide and/or amino acid sequence data, it must be in a specific format. The MPEP states: if submitted in a provisional application filed on or after July 1, 2022, any submission of nucleotide and/or amino acid sequence data must…
Read MoreWhat is a non-lengthy “Sequence Listing XML” in patent applications?
A non-lengthy “Sequence Listing XML” in patent applications refers to an XML file containing nucleotide and/or amino acid sequence information that, when transformed into an ASCII text file using a style sheet, results in a file size under 600KB. According to MPEP 2419.01, these non-lengthy sequence listings are published as part of the patent specification:…
Read MoreWhat is a DOCTYPE declaration in a Sequence Listing XML?
A DOCTYPE declaration in a Sequence Listing XML is a specific line of code that must be included in the XML file to comply with WIPO Standard ST.26. According to MPEP 2413.01(d), the DOCTYPE declaration should be: This declaration specifies the document type and version of the Sequence Listing XML, ensuring compatibility with WIPO standards.…
Read MoreWhen did the requirement for a DOCTYPE declaration in Sequence Listing XML become effective?
The requirement for a DOCTYPE declaration in Sequence Listing XML became effective for patent applications filed on or after July 1, 2022. As stated in MPEP 2413.01(d): 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).…
Read MoreWhat happens if a Sequence Listing XML lacks a proper DOCTYPE declaration?
If a Sequence Listing XML lacks a proper DOCTYPE declaration, it will not comply with the requirements set forth in MPEP 2413.01(d) and 37 CFR 1.833. This non-compliance may result in: Rejection of the patent application Requirement for correction and resubmission Potential delays in the patent examination process The MPEP emphasizes the importance of the…
Read MoreWhat are the requirements for sequence listings in PCT applications filed on or after July 1, 2022?
For PCT applications filed on or after July 1, 2022, sequence listings must comply with WIPO Standard ST.26. The key requirements are: Sequence listings must be in a standardized electronic eXtensible Markup Language (XML) format, referred to as “Sequence Listing XML”. The sequence listing must be a separate part of the specification. Sequences in the…
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