Can I submit a Sequence Listing in XML format for applications filed before September 16, 2012?

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, you can submit a Sequence Listing in XML format for applications filed before September 16, 2012, even though it’s not mandatory. According to MPEP 2415.01:

“For applications filed prior to September 16, 2012, a Sequence Listing in XML format may be submitted, but is not required.”

This means:

• You have the option to submit in XML format for older applications.
• It’s not mandatory, but it can be beneficial for consistency and future processing.
• If you choose to submit in XML format, ensure it meets all current requirements.

While not required, submitting in XML format can streamline your application process and align it with current standards.