How does the USPTO determine if a Sequence Listing XML is “non-lengthy”?

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 USPTO determines if a Sequence Listing XML is “non-lengthy” based on the size of the ASCII text file produced after transforming the XML file. According to MPEP 2419.01:

“Upon transformation of the .xml file using the style sheet to an ASCII text file, any ASCII text file produced by the USPTO that is under 600KB will be published as part of the specification.”

This means that if the resulting ASCII text file is less than 600KB in size, the USPTO considers it a “non-lengthy” Sequence Listing and will include it as part of the published patent specification.