2.24 Applications disclosing nucleotide and/or amino acid sequences 

2.24.001If the international application discloses one or more nucleotide and/or amino acid sequences, it must contain a sequence listing, which is to be drawn up in compliance with the standard prescribed in Annex C of the Administrative Instructions under the PCT and published on the WIPO website. More specifically, the sequence listing must comply with WIPO Standard ST.26, which is XML-based and applicable for international applications filed on or after 1 July 2022.³⁴ For international applications filed before 1 July 2022, the applicable standard before the EPO is WIPO Standard ST.25.³⁵ Details of the practice which applies for applications filed on or after 1 July 2022 are provided in the decision of the President of the EPO dated 9 December 2021 on the filing of sequence listings and the explanatory notice from the EPO (see OJ 2021, A96 and OJ 2021, A97), as well as in the notice from the EPO dated 27 May 2022 concerning the filing of sequence listings in the international (PCT) procedures before the EPO as receiving Office (OJ 2022, A60). Under WIPO Standard ST.26, a standard-compliant sequence listing must be filed for all sequence information meeting the length thresholds defined in WIPO Standard ST.26, paragraphs 7 and 8. The following paragraphs describe the practice applicable for international applications filed on or after 1 July 2022.

2.24.003If an international application is filed in electronic form, a sequence listing forming part of such application and filed in XML format in compliance with WIPO Standard ST.26 is not taken into account for calculating the (page fee part of the) international filing fee (see point 2.27.006). There will be no need to file a second copy for the purposes of international search and, where applicable, international preliminary examination (see points 3.3.011, 4.2.034).

2.24.004If any other option for filing a sequence listing is chosen the sum of the page fee part of the international filing fee is calculated taking into account each page of the sequence listing (see point 2.23.005). Furthermore, if the EPO is selected as ISA, SISA and/or IPEA a sequence listing in electronic form in text format in compliance with Annex C will be required (see points 3.3.011 ff).

2.24.006Where the EPO as receiving Office finds that a separate electronic file disclosing sequences appears to be in a format other than WIPO Standard ST.26 XML format, it will not consider that file to be part of the international application. Instead, it will convert the file into the format of the main part of the description and invite the applicant to confirm whether the content of that converted file is intended to form part of the description and to pay any corresponding page fee (Form PCT/RO/132) within a time limit of one month from the date of the invitation. Any payment received by the EPO as receiving Office within this time limit will be considered as confirmation that the content of the converted file is to be part of the international application. 

2.24.007The content of the converted file will not be considered part of the international application if so confirmed by the applicant or if the applicant does not pay the applicable fees within the time limit of one month from the date of the invitation. It will then not be part of the priority document prepared by the EPO as receiving Office pursuant to Rule 17.1(b) PCT.