How are mega-sequence listings (300 MB or over) handled in international applications and national stage entries?
The handling of mega-sequence listings (300 MB or over) differs between international applications and national stage entries:
- In international applications (PCT), submissions of mega-sequence listings are not subject to the mega-sequence listing submission fees set forth in 37 CFR 1.21(o).
- However, for national stage applications under 35 U.S.C. 371, the fee under 37 CFR 1.21(o) does apply to mega-sequence listing submissions received on or after January 16, 2018.
- This fee also applies to mega-sequence listings received by the Office pursuant to PCT Article 20.
The MPEP states: “Submissions of very lengthy sequence listings (300 MB or over a.k.a. mega-sequence listings) in international applications are not subject to the mega-sequence listing submission fees set forth in 37 CFR 1.21(o). However, for mega-sequence listing submissions on or after January 16, 2018, the fee under 37 CFR 1.21(o) does apply to the submission of mega-sequence listings received in national stage applications under 35 U.S.C. 371, including mega-sequence listings received by the Office pursuant to PCT Article 20.”
Additionally, if an international application is filed at RO/US with a mega-sequence listing, and a bypass continuing application is later filed under 35 U.S.C. 111(a), the fee under 37 CFR 1.21(o) will be due in the continuing application for mega-sequence listing submissions on or after January 16, 2018.
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