5.4 5.3 Sequence listings of a divisional application

As an independent European patent application, a divisional application must also satisfy the requirements of Rule 30 in conjunction with the decision of the President of the EPO dated 9 December 2021 concerning the filing of sequence listings, OJ EPO 2021, A96 28 April 2011 on the filing of sequence listings, OJ EPO 2011, 372 (see G 1/05, reasons 3.1). Without prejudice to the requirements of Art. 76(1), second sentence, if a sequence listing is to form part of the description of the divisional application, it must be submitted together with the other documents making up the divisional application, unless reference is made to a previously filed application containing a sequence listing as part of the application (Rule 40(1)(c)). However, an applicant who has filed a standard an ST.26-compliant sequence listing under Rule 30 with regard to the earlier application (parent application) is exempted from having to submit said sequence listing if it is intended to be used for search purposes only (i.e. not as part of the description) in respect of the divisional application. : the check box in section 38.3 on Form 1001 is preselected. This enables the EPO to add a copy of the standard-compliant sequence listing filed for the earlier (parent) application to the dossier of the divisional application in XML format and for search purposes only (see OJ EPO 2021, A97, point 18). However, since the content of the disclosure of the invention is the responsibility of the applicants, any sequence listing which is to form part of the description must be filed by the applicant. The sequence listing of the earlier application is, thus, not automatically added to the dossier of the divisional application if

–the applicant files an ST.26-compliant sequence listing as part of the divisional application's description; or if

–the sequence listing available in the earlier application does not comply with WIPO Standard ST.26.

At the request of the applicant when filing the divisional application (EPO Form 1001, Box 38.3) or in reply to a deficiency communication pursuant to Rule 30(3), the EPO will add a copy of the standard-compliant sequence listing filed in conjunction with the earlier application for search purposes only (i.e. not as part of the application) to the dossier on the divisional application (OJ EPO 2013, 542, see also A‑IV, 5).