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Question:
A “Sequence Listing XML” may be submitted as a XML file with a “.xml” extension via the USPTO patent electronic filing system or as read-only optical discs. What does such a submission require?
Answer:
Such submission requires that applicant provide a statement in a separate paragraph that incorporates by reference the material in the XML file identifying the name of the XML file, the date of creation, and the size of the XML file in bytes (except that an incorporation by reference statement is not required for a sequence listing properly submitted as an XML file in an international application during the international stage regardless of whether the application is currently in the international stage or the national stage).
Chapter Details:
The answer to this question can be found in chapter 600 of the MPEP. This chapter covers Parts, Form, and Content of Application.
The answer is from the 9th Edition, Revision 07.2022, Published February 2023. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
Section Summary:
This question and answer comes from section 608.05 of the MPEP. The following is a brief summary of section 608.05.
608.05 Sequence Listing, Table, or Computer Program Listing Appendix Submitted in Electronic Form 37 C.F.R. 1.52
This section covers sequence listings, tables, or computer program listings. For instance, biotechnology sequence listings and computer listing appendices may be submitted as ASCII text files with a “.txt” extension (e.g., “seqlist.txt”).