When is a Sequence Listing in XML format required for patent applications?

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.

A Sequence Listing in XML format is required for patent applications filed on or after July 1, 2022, that disclose nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b). The MPEP states:

“An application that has a filing date on or after July 1, 2022, will be required to provide a ‘Sequence Listing XML’ in accordance with 37 CFR 1.831 through 1.835 for disclosures of any nucleotide and/or amino acid sequences that meet the definitions of 37 CFR 1.831(a) and (b).”

This requirement applies to all applications with a filing date on or after July 1, 2022, including those claiming benefit or priority to earlier applications.