2.2 Content of the application as "originally" filed – general rules
2.2.5 Sequence listings filed after the date of filing
A standardised sequence listing filed after the date of filing does not form part of the description (Rule 30(2)). Such a standardised sequence listing is not published either as an annex to the application or together with the specification (see the notice from the EPO dated 9 December 2021, OJ EPO 2021, A97, point 15).
Pages and electronic files disclosing sequences or constituting a non-standardised sequence listing which were filed at the date of filing are an integral part of the application as originally filed and are treated like any other parts of the description.
A subsequently filed standardised sequence listing may contain only the sequence information – in a standardised form – already contained in the original application, and in particular the number of sequences and their numbering needs to be the same as in the original description (see the notice from the EPO dated 9 December 2021, OJ EPO 2021, A97). To this end the applicant must file a statement confirming that the subsequently filed standardised sequence listing does not include matter which goes beyond the content of the application as originally filed (Art. 2(2) of the decision of the President dated 9 December 2021, OJ EPO 2021, A96). In line with this, a subsequently filed standardised sequence listing cannot be used to determine the originally disclosed content of the application, but only for search purposes (see the notice from the EPO dated 9 December 2021, OJ EPO 2021, A97).
A subsequently filed standardised sequence listing is not to be examined for compliance with the requirements of Art. 123(2), as it is not part of the description.
Without prejudice to Rule 30, a sequence listing forming part of the description may be corrected or amended in accordance with Rule 139 and/or Art. 123(2). In this case a complete new sequence listing in TXT format containing the corrections or amendments is to be filed (see the notice from the EPO dated 9 December 2021, OJ EPO 2021, A97, point 10).