What should I do if my “Sequence Listing” ASCII plain text file exceeds the 100 megabyte size limit for USPTO electronic filing?

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.

If your “Sequence Listing” ASCII plain text file exceeds the 100 megabyte size limit for USPTO electronic filing, you have the following options:

1. File the application without the “Sequence Listing” using the USPTO patent electronic filing system to obtain the application number and confirmation number.
2. Then, file the “Sequence Listing” on read-only optical disc(s) on the same day by using Priority Mail Express® from the USPS in accordance with 37 CFR 1.10, or by hand delivery.

The MPEP states: “If a user wishes to submit a ‘Sequence Listing’ ASCII plain text file that exceeds 100 megabytes, it is recommended that the user file the application without the ‘Sequence Listing’ using the USPTO patent electronic filing system to obtain the application number and confirmation number, and then file the ‘Sequence Listing’ on read-only optical disc(s) in accordance with 37 CFR 1.52(e) and 1.824 on the same day by using Priority Mail Express® from the USPS in accordance with 37 CFR 1.10, or hand delivery, in order to secure the same filing date for all parts of the application.”

It’s important to note that “Sequence Listing” ASCII plain text files may not be divided into multiple files to avoid exceeding the 100 MB size limit for filing via the USPTO patent electronic filing system.