What are the consequences of omitting the XML declaration in a Sequence Listing XML?
Omitting the XML declaration in a Sequence Listing XML can have serious consequences for a patent application. While not explicitly stated in MPEP 2413.01(c), the implications can be inferred:
- The application may be considered non-compliant with 37 CFR 1.833(b)(2)(i)
- It may lead to processing errors or misinterpretation of the sequence data
- The patent office may issue a notice requiring correction, potentially delaying the application process
To avoid these issues, applicants should always include the proper XML declaration as specified in WIPO Standard ST.26:
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Topics:
MPEP 2400 - Biotechnology,
MPEP 2413.01(C) - The "Sequence Listing Xml" Must Contain An Xml Declaration,
Patent Law,
Patent Procedure