What is the proper format for incorporating the Sequence Listing XML by reference?

What is the proper format for incorporating the Sequence Listing XML by reference?

The proper format for incorporating the Sequence Listing XML by reference is crucial for compliance with USPTO requirements. According to MPEP 2413.04, the incorporation by reference statement should follow a specific format:

“The incorporation by reference statement must include the name of the file, the date of creation, and the size of the file in bytes. The size of the file must be in bytes, not kilobytes or megabytes.”

Here’s an example of a properly formatted incorporation by reference statement:

  • “The Sequence Listing XML file named ‘SequenceListing.xml’ created on January 1, 2023, and having a size of 74,565 bytes is incorporated herein by reference.”

It’s important to note that the statement must be precise and include all required elements. Failure to provide the correct format or information may result in the USPTO requiring correction before examination of the application can begin.

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Topics: MPEP 2400 - Biotechnology, MPEP 2413.04 - Requirements Regarding Incorporation By Reference Of The "Sequence Listing Xml", Patent Law, Patent Procedure
Tags: Format, incorporation by reference, sequence listing xml, USPTO requirements