5. Applications relating to nucleotide and amino acid sequences
Overview
5. Applications relating to nucleotide and amino acid sequences
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A revised version of this publication entered into force. |
If nucleotide and amino acid sequences within the meaning of Rule 30(1) are disclosed in the European patent application, they are to be represented in a sequence listing which conforms to the applicable WIPO standard ST.25. Each nucleotide or amino acid sequence which extends over the minimum length as defined in the standard and which is disclosed in the application documents (including drawings) needs to be listed in the sequence listing, even if the sequence is only a fragment of another disclosed sequence. The sequence listing should, where it is filed together with the application, be placed at the end of the application (see WIPO Standard ST.25, point 3). The sequence listing must be filed in electronic form, i.e. in TXT format. Where the European patent application is filed online, the electronic sequence listing in TXT format in the required format is to be attached. The sequence listing does not need to must not be filed on paper or in PDF format. However, if it is, the sequence listing on paper or in PDF format must be identical to that in TXT electronic format. In this case, the applicant or the appointed representative must submit a statement of identity, even though the sequence listing on paper or in PDF format will be disregarded in the further procedure. See the Decision of the President of the EPO dated 28 April 2011, OJ EPO 2011, 372, and the Notice from the EPO dated 18 October 2013, OJ EPO 2013, 542.
Attention is drawn to new WIPO Standard ST.26 for sequence listings that will apply to applications filed on and after 1 July 2022. Detailed information on the changes in practice required by this new standard will be published in the Official Journal of the EPO well in advance.
Where a sequence listing is filed or corrected after the filing date, the applicant is required to submit a statement that the sequence listing so filed or corrected does not include matter which goes beyond the content of the application as filed. Sequence listings filed subsequent to the date of filing are not part of the description and, therefore, not published with the European patent application.
For applications referring to sequences which belong to the prior art see F‑II, 6.1.
For the purposes of publication and file inspection, standard-compliant sequence listings submitted on the date of filing in TXT format are converted by the EPO. If, due to its excessive volume, a sequence listing cannot be included in the electronic file in converted form, the electronic file will refer to this technical limitation and to the option of obtaining a copy of the sequence listing in electronic form on written request (see the Notice from the EPO dated 18 October 2013, OJ EPO 2013, 542, and the Decision of the President of the EPO dated 28 April 2011, OJ EPO 2011, 372).
The Receiving Section will inform the applicant of any deficiencies as to the sequence listing or as to the necessary statements and issue an invitation to remedy the deficiencies and pay a late furnishing fee within a non-extendable period of two months. The late furnishing fee compensates for the administrative efforts of issuing the communication under Rule 30(3) and delaying the transmission of the application to the search division until after availability of a standard-compliant sequence listing. The late furnishing fee therefore does not have to be paid if the standard-compliant sequence listing is filed after the date of filing but before the Receiving Section has issued the communication under Rule 30(3). If the requirements of Rule 30 in conjunction with the Decision of the President of the EPO dated 28 April 2011 are not complied with in due time, where appropriate following the invitation to do so from the Receiving Section, which includes the payment of the late furnishing fee, the application will be refused according to Rule 30(3). This also applies if a sequence listing is subsequently filed in the required electronic format form, i.e. in text format (TXT) but still contains deficiencies with respect to the Standard. Such deficiencies will not prompt the EPO to issue another invitation under Rule 30(3), triggering a new period of two months, unless the previous invitation did not draw the applicant's attention to such remaining deficiencies (see J 7/11).