What are the requirements for submitting a “Sequence Listing XML” in patent applications?
According to MPEP 2416, patent applications filed on or after July 1, 2022, that contain disclosures of nucleotide and/or amino acid sequences must include a “Sequence Listing XML” as a separate part of the disclosure. This XML file must be submitted in one of two ways:
- Via the USPTO’s patent electronic filing system (Patent Center) in XML format, with an incorporation by reference statement in the specification.
- On read-only optical disc(s) labeled according to 37 CFR 1.52(e)(5), with an incorporation by reference statement in the specification.
The incorporation by reference statement must include:
- The name of the XML file
- The date of creation
- The size of the XML file in bytes
As stated in 37 CFR 1.831(a), “patent applications which contain disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR 1.831(b) must contain a “Sequence Listing XML”, as a separate part of the disclosure, which presents the nucleotide and/or amino acid sequences and associated information using the symbols and format in accordance with the requirements of 37 CFR 1.831 – 1.835.”
To learn more: