What is the required file format for a “Sequence Listing XML” submission?
The “Sequence Listing XML” must be in XML format, as specified in MPEP 2413.02. The MPEP states: “Be in XML format, where all permitted printable characters (including the space character) and nonprintable (control) characters are defined in paragraph 40 of WIPO Standard ST.26 (incorporated by reference, see § 1.839).“ This means that the file must…
Read MoreWhat are the requirements for submitting a sequence listing as part of a patent application?
When submitting a sequence listing as part of a patent application, there are specific requirements that must be met: The sequence listing must be submitted as a separate part of the disclosure. It should be presented on its own page or as a separate text file. The sequence listing must comply with the requirements of…
Read MoreHow does the Patent Law Treaties Implementation Act (PLTIA) affect Sequence Listing requirements?
How does the Patent Law Treaties Implementation Act (PLTIA) affect Sequence Listing requirements? The Patent Law Treaties Implementation Act (PLTIA) has significantly impacted Sequence Listing requirements for patent applications. According to MPEP 2415.01: “For applications filed on or after September 16, 2012, the PLTIA amended 35 U.S.C. 112(a) to require the specification to contain a…
Read MoreWhat are the consequences of not submitting a Sequence Listing in XML format when required?
What are the consequences of not submitting a Sequence Listing in XML format when required? Failing to submit a Sequence Listing in XML format when required can have serious consequences for your patent application. According to MPEP 2415.01: “If an application does not contain a Sequence Listing in XML format as required, the Office will…
Read MoreCan provisional applications be amended to correct a non-compliant Sequence Listing XML?
No, provisional applications cannot be amended to correct a non-compliant Sequence Listing XML. The MPEP clearly states: Provisional applications cannot be amended, so if a provisional application contains a non-compliant “Sequence Listing XML” no notice relating to the requirements will be mailed in a provisional application. This means that if you submit a non-compliant Sequence…
Read MoreHow does WIPO Standard ST.26 differ from WIPO Standard ST.25 for sequence listings?
WIPO Standard ST.26 and ST.25 are different standards for sequence listings in patent applications: ST.26 applies to applications filed on or after July 1, 2022. ST.25 applies to applications filed before July 1, 2022. ST.26 requires sequence listings in XML format, while ST.25 uses a different format. ST.26 allows for a single, internationally acceptable sequence…
Read MoreWhat are the requirements for translating a sequence listing in a PCT application?
The requirements for translating a sequence listing in a PCT application depend on the international filing date: For applications filed on or after July 1, 2022: An English translation is required for any Sequence Listing XML containing non-English language values for language-dependent free text qualifiers, in accordance with 37 CFR 1.831 through 1.834. For applications…
Read More