What is the significance of the total number of sequences in a “Sequence Listing XML”?

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 total number of sequences in a “Sequence Listing XML” is a crucial aspect of the document’s completeness and accuracy. According to MPEP 2412.05(a):

“The total number of sequences must be indicated in the ‘Sequence Listing XML’ and must equal the total number of sequence identifiers, whether followed by a sequence or by ‘000’.”

This requirement ensures that:

• All sequences, including intentionally skipped ones, are accounted for.
• The sequence listing is complete and consistent with the application’s disclosure.
• Examiners and other reviewers can quickly verify the completeness of the sequence information.

By matching the total number of sequences with the number of sequence identifiers, including those represented by “000” for skipped sequences, the patent application maintains integrity in its biotechnology-related disclosures.