Can I submit both a “Sequence Listing XML” and a “Sequence Listing” in the same application?

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.

No, for applications filed on or after July 1, 2022, you cannot submit both a “Sequence Listing XML” and a “Sequence Listing” in the same application. The USPTO has specific rules regarding this matter. According to MPEP 2413.03:

“For applications filed on or after July 1, 2022, the USPTO patent electronic filing system will prohibit an applicant from submitting both a “Sequence Listing XML” (a sequence listing that conforms to WIPO Standard ST.26 as implemented in 37 CFR 1.831 through 1.835) and a “Sequence Listing” (a sequence listing that conforms to ST.25 as implemented in 37 CFR 1.821 through 1.825) in the same submission.”

If you attempt to file a “Sequence Listing” in an application filed on or after July 1, 2022, you will receive a notice informing you that the submission fails to comply with 37 CFR 1.831 through 1.834. You will be required to submit a “Sequence Listing XML” instead.

For addressing improper submissions, refer to MPEP § 2415.03.