2414 Notification of a Failure to Comply with Sequence Listing Requirements and Amendments Relating to “Sequence Listing XML” Files Under 37 CFR 1.835 [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).]

When an application filed on or after July 1, 2022, contains disclosures of nucleotides and/or amino acid sequences, a “Sequence Listing XML” is required. When no “Sequence Listing XML” or a defective “Sequence Listing XML” is submitted on the filing date in an application where a compliance “Sequence Listing XML” is required, the pre-examination staff will issue a notification that compliance with 37 CFR 1.831 – 1.835 is required and an added initial submission of a “Sequence Listing XML” (37 CFR 1.835(a)) or replacement “Sequence Listing XML” (37 CFR 1.835(b)) will be required. Additionally, the examiner can require the filing of an added initial “Sequence Listing XML” if the “Sequence Listing XML” or a replacement “Sequence Listing XML” if an application fails to comply with 37 CFR 1.831 – 1.834. For example, if there are sequences in the disclosure which are not part of the “Sequence Listing XML” of record, then the examiner can require a replacement “Sequence Listing XML” which includes the omitted sequences. See form paragraphs 24.18.26 and 24.19.26.