3.3 Refusal to perform a (full) international search
3.3.6.Nucleotide and amino acid sequences
3.3.011International applications filed on or after 1 July 2022 and disclosing nucleotide and/or amino acid sequences must include a sequence listing part of the description complying with WIPO Standard ST.26 if the sequences meet the length thresholds defined in WIPO Standard ST.26, paragraphs 7 and 8. This applies irrespective of whether this sequence information is claimed or not. If a WIPO Standard ST.26-compliant sequence listing is not available to the EPO as ISA, it will invite the applicant to furnish such a sequence listing and to pay a late furnishing fee within a non-extendable time limit of one month. Detailed information is provided in the decision of the President of the EPO dated 9 December 2021 on the filing of sequence listings (OJ 2021, A96) and in the notice from the EPO of 9 December 2021 (OJ 2021, A97). For international applications filed before 1 July 2022, the applicable standard before the EPO is WIPO ST.25. The provisions of the decision of the President of the EPO dated 28 April 2011 on the filing of sequence listings and of the notice from the EPO of 18 October 2013 continue to apply for these applications (OJ 2011, 372 and OJ 2013, 542).
Annex C AI
OJ 2011, 372
OJ 2013, 542
OJ 2021, A96, A97
WIPO PCT Guide 7.005-7.012
3.3.012If, within the time limit set, the applicant has not submitted the sequence listing in the required electronic form and format and paid the late furnishing fee, the EPO as ISA will carry out the international search without the sequence listing to the extent that a meaningful search can be carried out. This means that in many cases no or only an incomplete search is performed. This also has consequences for the international preliminary examination procedure before the EPO as IPEA (see point 4.2.034).