How does the application size fee apply to “Sequence Listings” submitted as ASCII plain text files?

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 application size fee for “Sequence Listings” submitted as ASCII plain text files is treated differently from other file formats:

• Any “Sequence Listing” or CRF of a “Sequence Listing” submitted as an ASCII plain text file via the USPTO patent electronic filing system that complies with 37 CFR 1.821(c) or (e) is excluded when determining the application size fee.
• This exclusion is in accordance with 37 CFR 1.52(f)(2).
• However, a “Sequence Listing” submitted as a PDF image file via the USPTO patent electronic filing system or on read-only optical disc will not be excluded when determining the application size fee.

The MPEP states: “Any ‘Sequence Listing’ or CRF of a ‘Sequence Listing’ submitted as an ASCII plain text file via the USPTO patent electronic filing system that is in compliance with 37 CFR 1.821(c) or (e) will be excluded when determining the application size fee required by 37 CFR 1.16(s) or 1.492(j) as per 37 CFR 1.52(f)(2).”

This provision can result in significant cost savings for applicants submitting large sequence listings.