Can an examiner require the submission of a Sequence Listing XML?

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, an examiner can require the submission of a Sequence Listing XML under certain circumstances. MPEP 2414 states:

“Additionally, the examiner can require the filing of an added initial ‘Sequence Listing XML’ if the ‘Sequence Listing XML’ or a replacement ‘Sequence Listing XML’ if an application fails to comply with 37 CFR 1.831 – 1.834.”

For example, if the examiner discovers sequences in the disclosure that are not included in the Sequence Listing XML on record, they can require the applicant to submit a replacement Sequence Listing XML that includes the omitted sequences.