37 CFR 1.833 — Requirements for a “Sequence Listing XML” for nucleotide and/or amino acid sequences as part of a patent application filed on or after July 1, 2022

Ninth Edition, Revision 01.2024

(a) The “Sequence Listing XML” as required by § 1.831(a) must be presented as a single file in XML 1.0 encoded using Unicode UTF–8, where the character set complies with paragraphs 40 and 41 and Annex IV of WIPO Standard ST.26 (incorporated by reference, see § 1.839 ).
(b) The “Sequence Listing XML” presented in accordance with paragraph (a) of this section must further:
- (1) Be valid according to the Document Type Definition (DTD) as presented in WIPO Standard ST.26, Annex II.
- (2) Comply with the requirements of WIPO Standard ST.26 to include:
  - (i) An XML declaration as defined in paragraph 39(a) of WIPO Standard ST.26;
  - (ii) A document type (DOCTYPE) declaration as defined in paragraph 39(b) of WIPO Standard ST.26;
  - (iii) A root element as defined in paragraph 43 of WIPO Standard ST.26;
  - (iv) A general information part that complies with the requirements of paragraphs 45, 47, and 48, as applicable, of WIPO Standard ST.26; and
  - (v) A sequence data part that complies with the requirements of paragraphs 50–55, 57, 58, 60–69, 71–78, 80–87, 89–98, and 100, as applicable, of WIPO Standard ST.26 representing the nucleotide and/or amino acid sequences according to § 1.832 .
- (3) Include an INSDQualifier_value element with a value in English for any language-dependent free text qualifier as defined by paragraphs 76 and 85–87 of WIPO Standard ST.26, and as required by § 1.52(b)(1)(ii) .

[Added 87 FR 30806, May, 20, 2022, effective July 1, 2022]

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