MPEP 2414.04
Translation of "Sequence Listing XML" is Not an Amended "Sequence Listing XML" under 37 CFR 1.835(b)

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

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2414.04    Translation of "Sequence Listing XML" is Not an Amended "Sequence Listing XML" under 37 CFR 1.835(b) [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).]

37 C.F.R. 1.835  Amendment to add or replace a "Sequence Listing XML" in patent applications filed on or after July 1, 2022.

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  • (d)(2) Compliance with paragraphs (a) through (c) of this section is not required for submission of a "Sequence Listing XML" that is solely an English translation of a previously submitted "Sequence Listing XML" that contains non-English values for any language-dependent free text elements (as per § 1.833(b)(3) ). The required submission will be a translated "Sequence Listing XML" in compliance with §§ 1.831 through 1.834. Updated values for attributes in the root element (§ 1.833(b)(2)(iii) ) or elements of the general information part (§ 1.833(b)(2)(iv) ) are not considered amendments for purposes of complying with paragraphs (a) through (c) of this section.
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In accordance with 37 CFR 1.52(b)(1)(ii), any:

"application or proceeding and any amendments or corrections to the application (including any translation submitted pursuant to paragraph (d) of this section) or proceeding, except as provided for in § 1.69 and paragraph (d) of this section, must:

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(ii) Be in the English language or be accompanied by a translation of the application and a translation of any corrections or amendments into the English language together with a statement that the translation is accurate."

Thus, any "Sequence Listing XML" that contains language-dependent free text elements in a language other than English will require a translation of those elements of the "Sequence Listing XML." The provisions of 37 CFR 1.835(d)(2) indicate that providing a translation of such language-dependent free text elements into English does not constitute an added or amended "Sequence Listing XML" under 37 CFR 1.835(a) or 1.835(b).