2.4.2 Sequence listings 

In relation to A‑IV, 5 ("Applications relating to nucleotide and amino acid sequences"), where the Euro-PCT application discloses nucleotide or amino acid sequences, a sequence listing in electronic form drawn up in compliance with the applicable WIPO standard must be available to the EPO as designated/elected Office on expiry of the 31-month time limit. As a rule, it will be available to the EPO if it was contained in the international application under Rule 5.2 PCT or filed under Rule 13ter PCT with the EPO acting as ISA/SISA or IPEA. It will also be accessible to the EPO if it is made available by WIPO on PATENTSCOPE and can be downloaded in a usable form.

For international applications filed on or after 1 July 2022, WIPO Standard ST.26 applies; for international applications filed up until 30 June 2022, WIPO Standard ST.25 continues to apply, even if the European phase is entered on or after 1 July 2022 (see OJ EPO 2021, A96 and OJ EPO 2021, A97 for further information).

The applicant should verify in due time whether the sequence listing is available to the EPO in the required format and, if it is not, file it before expiry of the 31-month time limit in the applicable electronic format, preferably via one of the EPO's online filing tools or, if not, on an electronic data carrier (see A‑IV, 5). The sequence listing must not be filed on paper or in PDF format (see the decision of the President of the EPO dated 9 December 2021 (OJ EPO 2021, A96) and point 6 of the notice from the EPO dated 9 December 2021 (OJ EPO 2021, A97)). Where a sequence listing is filed or corrected after the filing date, the applicant is required to submit a statement that it does not include matter going beyond the content of the application as filed. This statement can be made by selecting the appropriate box on EPO Form 1200.

If such a sequence listing is not available to the EPO and has not been filed by the applicant, at the expiry of the 31-month time limit, the applicant will be invited to furnish the sequence listing in electronic form in accordance with the applicable WIPO standard and pay a late-furnishing fee within a period of two months (see Rules 163(3) and Rule 30(3)). The sequence listing may not be filed on paper or in PDF format (see the decision of the President of the EPO dated 9 December 2021 (OJ EPO 2021, A96) and point 6 of the notice from the EPO dated 9 December 2021 (OJ EPO 2021, A97).

If the required sequence listing is not filed within the time limit set, the application is refused. The refusal may be remedied by a request for further processing (see E‑VIII, 2).