Prosecution Pointer 334

With the adoption of ST.26 as the new standard for sequence listings, the USPTO has revised its regulations. On May 20, 2022, the USPTO published a final rule to implement WIPO Standard ST.26 for applications filed on or after July 1, 2022 with the USPTO, along with conforming amendments to other rules. If an application has a filing date on or before June 30, 2022, any sequence listing submitted during the course of US prosecution must comply with ST.25 format. If an application has a filing date on or after July 1, 2022, any sequence listing submitted during the course of US prosecution must comply with ST.26 format. The filing date of a U.S. national phase application (i.e. an application submitted under 35 U.S.C. 371) is the international filing date. A benefit or priority claim does not entitle an application to an earlier filing date, for the purpose of determining whether a sequence listing must be ST.25 or ST.26. For more information on WIPO Standard 26 (ST.26), the standard for the presentation of nucleotide and amino acid sequence listings, a link can be found here.