What happens if I forget to include the incorporation by reference statement for the “Sequence Listing XML”?
If you forget to include the incorporation by reference statement for the “Sequence Listing XML” in your patent application, there are procedures in place to address this issue. According to MPEP 2413.04:
“If an applicant submits a ‘Sequence Listing XML’ with the complete specification but fails to include the required incorporation by reference paragraph, a notice can be issued by pre-examination requiring the incorporation by reference paragraph. Similarly, the examiner could require applicant to amend the specification to include an incorporation by reference paragraph of the ‘Sequence Listing XML’ file by identifying: (i) the name of the file; (ii) the date of creation of the file; and (iii) the size of the file in bytes.”
This means that you will likely have an opportunity to correct the omission by amending the specification to include the required incorporation by reference statement. However, it’s always best to include this statement from the outset to avoid potential delays or complications in the examination process.
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