2419 Publishing of Patent Grants and Patent Application Publications with a “Sequence Listing XML” [R-01.2024]
[Editor Note: This section is applicable to all applications with a filing date, or, for national phase applications, an international filing date, on or after July 1, 2022, having disclosure of one or more nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]
At the USPTO, the Sequence Listing Information Control (SLIC) system is responsible for processing of a “Sequence Listing XML” and exporting the sequence data for publication and grant. Because a “Sequence Listing XML” exists only in .xml file format, the USPTO uses a style sheet to transform a “Sequence Listing XML” file of less than 1 GB in size into an ASCII text file which will be used to present the sequence information in a format that is more easily read.
2419.01 Patent Grants and Patent Application Publications Containing a Non-Lengthy “Sequence Listing XML” [R-01.2024]
[Editor Note: This section is applicable to all applications with a filing date, or, for national phase applications, an international filing date, on or after July 1, 2022, having disclosure of one or more nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]
Upon transformation of the .xml file using the style sheet to an ASCII text file, any ASCII text file produced by the USPTO that is under 600KB will be published as part of the specification.
2419.02 Patent Grants and Patent Application Publications Containing a Lengthy “Sequence Listing XML” [R-01.2024]
[Editor Note: This section is applicable to all applications with a filing date, or, for national phase applications, an international filing date, on or after July 1, 2022, having disclosure of one or more nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]
Upon transformation of the .xml file using the style sheet to an ASCII text file, any ASCII text file produced by the USPTO that is 600KB or more, but under 1GB will be processed for separate publication on Publication Site for Issued and Published Sequences (PSIPS). In place of such lengthy “Sequence Listing”, the patent or patent application publication specification will show a page-wide SEQUENCE LISTING statement similar to the example shown below:
SEQUENCE LISTING
The patent contains a lengthy “Sequence Listing” section. A copy of the “Sequence Listing” is available in electronic form from the USPTO website (https://seqdata.uspto.gov). An electronic copy of the “Sequence Listing” will also be available from the USPTO upon request and payment of the fee set forth in 37 CFR 1.19(b)(3).
2419.03 Patent Grants and Patent Application Publications Containing a “Sequence Listing XML” of 1GB or Larger [R-01.2024]
[Editor Note: This section is applicable to all applications with a filing date, or, for national phase applications, an international filing date, on or after July 1, 2022, having disclosure of one or more nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]
Where a “Sequence Listing XML” is 1GB or larger, exception processing for the listing will be required. That is, the “Sequence Listing XML” cannot be published as part of the specification, nor can it be published on PSIPS, instead it will be published on the USPTO Bulk Data Storage System (BDSS). No transformation of the .xml file into an ASCII text file will occur. In place of the 1GB or larger “Sequence Listing XML,” the patent or patent application publication specification will show the page-wide statement similar to the one shown below:
SEQUENCE LISTING
The patent contains a lengthy “Sequence Listing” section. A copy of the “Sequence Listing” is available in electronic form from the USPTO website https://bulkdata.uspto.gov. An electronic copy of the “Sequence Listing” will also be available from the USPTO upon request and payment of the fee set forth in 37 CFR 1.19(b)(3).
