What happens if a Sequence Listing XML lacks a proper DOCTYPE declaration?
If a Sequence Listing XML lacks a proper DOCTYPE declaration, it will not comply with the requirements set forth in MPEP 2413.01(d) and 37 CFR 1.833. This non-compliance may result in:
- Rejection of the patent application
- Requirement for correction and resubmission
- Potential delays in the patent examination process
The MPEP emphasizes the importance of the DOCTYPE declaration:
The “Sequence Listing XML” presented in accordance with paragraph (a) of this section must further: […] Comply with the requirements of WIPO Standard ST.26 to include: […] A document type (DOCTYPE) declaration as defined in paragraph 39(b) of WIPO Standard ST.26;
To avoid these issues, ensure that the correct DOCTYPE declaration is included in the Sequence Listing XML as specified in the MPEP and WIPO Standard ST.26.
Sequence Listing XML Must Include DOCTYPE Declaration MPEP 2413.01(d) Required
Sequence Listing XML Must Contain DOCTYPE Declaration on Second Line MPEP 2413.01(d) Required