MPEP 2413.01(c)
The "Sequence Listing XML" Must Contain an XML Declaration

Ninth Edition of the MPEP, Revision 07.2022, Last Revised in February 2023

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2413.01(c)    The "Sequence Listing XML" Must Contain an XML Declaration [R-07.2022]

[Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b). Formatting representations of XML (eXtensible Markup Language) elements in this section appear different than shown in Standard ST.26, which may be accessed at: www.wipo.int/export/sites/www/standards/en/pdf/03-26-01.pdf.]

37 C.F.R. 1.833  Requirements for a "Sequence Listing XML" for nucleotide and/or amino acid sequences as part of a patent application filed on or after July 1, 2022.

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  • (b) The "Sequence Listing XML" presented in accordance with paragraph (a) of this section must further:
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    • (2) Comply with the requirements of WIPO Standard ST.26 to include:
      • (i) An XML declaration as defined in paragraph 39(a) of WIPO Standard ST.26;
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WIPO Standard ST.26, paragraph 39(a), specifies that the "Sequence Listing XML" must contain the XML declaration, which is:

<?xml version="1.0" encoding="UTF-8"?>