How should language-dependent free text be presented in a 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.

Language-dependent free text in a Sequence Listing XML should be presented as follows:

• In English within the INSDQualifier_value element
• In a language other than English within the NonEnglishQualifier_value element
• Or in both elements

The MPEP states: “Language-dependent free text must be presented in the INSDQualifier_value element in English, or in the NonEnglishQualifier_value element in a language other than English, or in both elements.”

It’s important to note that Latin genus and species names do not require translation, and certain technical terms and proper names originating from non-English words that are used internationally are considered English for this purpose.