What are the requirements for submitting biological sequence listings in patent applications?

The requirements for submitting biological sequence listings in patent applications depend on the filing date of the application:

  • For applications filed before July 1, 2022: A “Sequence Listing” must be submitted as an ASCII plain text file in compliance with 37 CFR 1.821-1.824. It can be submitted via the USPTO patent electronic filing system or on read-only optical disc.
  • For applications filed on or after July 1, 2022: A “Sequence Listing XML” must be submitted as an XML file in compliance with 37 CFR 1.831-1.834. It can be submitted via the USPTO patent electronic filing system or on read-only optical disc.

In both cases, the sequence listing must include nucleotide and/or amino acid sequences as defined in the respective CFR sections. Detailed information can be found in MPEP §§ 2420 et seq. for pre-July 1, 2022 applications and MPEP §§ 2412-2419 for applications filed on or after July 1, 2022.

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Topics: Patent Law, Patent Procedure
Tags: Biological Sequences, patent application, sequence listing, sequence listing xml