Does the Sequence Listing XML requirement apply to international applications entering the national stage?

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, the Sequence Listing XML requirement applies to international applications entering the national stage based on their international filing date. The MPEP states:

“As provided in 35 U.S.C. 363, the filing date of an international stage application is also the filing date for the national stage application filed under 35 U.S.C. 371. Accordingly, for applications submitted under 35 U.S.C. 371, WIPO Standard ST.26 will apply to such applications based on the international filing date of the corresponding international application, rather than the date of submission of the national stage application in the USPTO.”

This means that if the international application was filed on or after July 1, 2022, it must comply with the Sequence Listing XML requirement when entering the national stage, regardless of when the national stage entry occurs.