2412.02 Definition of âSequence Listing XMLâ [R-07.2022]
2412.02 Definition of “Sequence Listing XML” [R-07.2022]
[Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]
37 CFR 1.831 Requirements for patent applications filed on or after July 1, 2022, having nucleotide and/or amino acid sequence disclosures.
- (a) Patent applications disclosing nucleotide and/or amino acid sequences by enumeration of their residues, as defined in paragraph (b) of this section, must contain, as a separate part of the disclosure, a computer readable Sequence Listing in XML format (a “Sequence Listing XML”). Disclosed nucleotide or amino acid sequences that do not meet the definition in paragraph (b) of this section must not be included in the “Sequence Listing XML.” The “Sequence Listing XML” contains the information of the nucleotide and/or amino acid sequences disclosed in the patent application using the symbols and format in accordance with the requirements of §§ 1.832 through 1.834.
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For 35 U.S.C. 111 applications and international application filed on or after July 1, 2022, that contain disclosures of nucleotide and/or amino acid sequences, where those nucleotides and/or amino acids are disclosed by enumeration of their residues, the presentation of the sequence data associated with those nucleotide and/or amino acid sequences must be presented as a separate part of the disclosure that comprises a computer readable format of the sequences in XML format in accordance with WIPO Standard ST.26 as implemented by 37 CFR 1.831 – 1.834. This sequence listing is referred to as a “Sequence Listing XML” in order to distinguish it from a “Sequence Listing” submitted in an application having a filing date BEFORE July 1, 2022. For such applications having a filing date before July 1, 2022, that contain disclosures of nucleotide and/or amino acid sequences, the presentation of the sequence data associated with those nucleotide and/or amino acid sequences is presented as a separate part of the disclosure as an ASCII plain text file, as PDF sheets of the specification, or on physical sheets of paper. See 37 CFR 1.821(c) and 1.821(e)(1). See also MPEP §§ 2421.01 and 2421.02.