How are mega-sequence listings (300 MB or over) handled in international applications and national stage entries?

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.

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.