What is the requirement for submitting a computer readable copy of the “Sequence Listing”?
According to 37 CFR 1.821(e), a computer readable form (CRF) of the “Sequence Listing” must be submitted in applications filed under 35 U.S.C. 111(a) or in national stage applications submitted under 35 U.S.C. 371. The MPEP states:
A separate computer readable form must be submitted via the USPTO patent electronic filing system or on read-only optical disc(s), as permitted by 37 CFR 1.824(b), when the “Sequence Listing” required by 37 CFR 1.821(c) is submitted as a PDF image file or on physical sheets of paper in a U.S. application filed under 35 U.S.C. 111(a) (see 37 CFR 1.821(e)(1)) or when the “Sequence Listing” required by 37 CFR 1.821(c) is submitted as a PDF image file or on physical sheets of paper and not also submitted as an ASCII plain text file in a national stage application (see 37 CFR 1.821(e)(2)).
However, the USPTO prefers submission of sequence information as an ASCII plain text file via their electronic filing system or on read-only optical discs, as this serves both requirements of 37 CFR 1.821(c) and (e) and is not included in the application size fee determination.
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