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