Is translating a “Sequence Listing XML” considered an amendment?

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.

No, translating a “Sequence Listing XML” is not considered an amendment under certain conditions. According to MPEP 2414.04:

“Compliance with paragraphs (a) through (c) of this section is not required for submission of a “Sequence Listing XML” that is solely an English translation of a previously submitted “Sequence Listing XML” that contains non-English values for any language-dependent free text elements (as per § 1.833(b)(3)).”

This means that providing an English translation of language-dependent free text elements in a previously submitted “Sequence Listing XML” does not constitute an amended “Sequence Listing XML” under 37 CFR 1.835(a) or 1.835(b).