How should intentionally skipped sequences be represented in the “Sequence Listing XML”?

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.

According to MPEP 2412.05(a), intentionally skipped sequences must be included in the “Sequence Listing XML” and represented as follows:

• Use the element SequenceData and its attribute sequenceIDNumber, providing the sequence identifier of the skipped sequence as the value.
• Include the elements INSDSeq_length, INSDSeq_moltype, and INSDSeq_division, but with no value provided.
• Do not include the element INSDSeq_feature-table.
• Use the element INSDSeq_sequence with the string “000” as the value.

The MPEP states: “Where no sequence is present for a sequence identifier, i.e. an intentionally skipped sequence, ‘000’ must be used in place of a sequence.” This ensures that the total number of sequences in the listing matches the total number of sequence identifiers, maintaining consistency and completeness in the documentation.