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What is the difference between ST.25 and ST.26 for Sequence Listings?

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What is the difference between ST.25 and ST.26 for Sequence Listings?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
10 Rules5 Related FAQs

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The main differences between ST.25 and ST.26 for Sequence Listings, as implied in MPEP 2415.01, are:

  • Format: ST.25 used a text-based format, while ST.26 requires XML format
  • Application Date: ST.25 applied to applications filed before July 1, 2022, while ST.26 applies to applications filed on or after July 1, 2022
  • Standardization: ST.26 provides a more standardized approach across different patent offices

The MPEP states: “For applications filed on or after July 1, 2022, all sequence listings must be submitted as an XML file named ‘SequenceListing.xml’ in accordance with the ‘Standard for the Presentation of Nucleotide and Amino Acid Sequence Listings in Patent Applications’ (hereinafter ‘ST.26 Standard’).”

This transition from ST.25 to ST.26 represents a significant change in how Sequence Listings are submitted and processed in patent applications.

  • XML Format Required for Sequence ListingsMPEP 2415
  • Requirement for Sequence Listing XML SubmissionMPEP 2415.01
  • Sequence Listing XML Required Before July 1, 2022MPEP 2415.01
  • Sequence Listing XML Required for Filing Date On or After July 1, 2022MPEP 2415Required
  • Sequence Listing XML Required for FilingMPEP 2415Required
  • Sequence Listing XML Required for Nucleotide and Amino Acid SequencesMPEP 2415.01Required
  • Transform Sequence Listing for Continuation ApplicationsMPEP 2415.01Required
  • Filing Date Determines Sequence Listing RulesMPEP 2415.01Required
  • Reissue Application Sequence Listing Rules Not Dependent on Original Patent Filing DateMPEP 2415.01
  • Reissue Applications with Nucleotide/Amino Acid Sequences Must Comply With Specific RulesMPEP 2415.01
  • What are the consequences of not submitting a Sequence Listing in XML format when required?
  • How does the Patent Law Treaties Implementation Act (PLTIA) affect Sequence Listing requirements?
  • What are the requirements for submitting a Sequence Listing in XML format?
  • When is a Sequence Listing in XML format required for patent applications?
  • Are reissue applications subject to the Sequence Listing XML requirement?
Topics: MPEP 2400 - Biotechnology MPEP 2415.01 - Determining When A Sequence Listing In Xml Format Must Be Submitted Patent Law Patent Procedure
Tags: Filing Date Components
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