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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.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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