How are sequence listings incorporated by reference in patent publications?

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.

For patent applications with sequence listings larger than 300 KB, the USPTO incorporates the sequence listing by reference in the patent publication. According to MPEP 2435:

“If the sequence listing is greater than 300 KB in size, the patent document will include an incorporation-by-reference of the electronic version of the sequence listing, and the sequence listing itself will be published as a separate document.”

This incorporation-by-reference statement in the patent publication serves to legally include the separately published sequence listing as part of the patent document, ensuring that the complete disclosure is properly recorded and accessible.