Are reissue applications subject to the Sequence Listing XML requirement?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, reissue applications filed on or after July 1, 2022, are subject to the Sequence Listing XML requirement if they contain nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(a) or (b). The MPEP clarifies:

“Compliance with 37 CFR 1.831 through 1.835 (rules based on WIPO Standard ST.26) is also applicable to any reissue application filed on or after July 1, 2022, where the disclosure or claims contain nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(a) or (b). The filing date of the originally granted patent for which reissue is sought is not relevant in determining the applicability date of 37 CFR 1.831 – 1.835.”

This means that the requirement is based on the filing date of the reissue application itself, not the original patent’s filing date.