MPEP 2428
Sample Statements under WIPO ST.25

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

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2428    Sample Statements under WIPO ST.25 [R-07.2022]

[Editor Note: This section is not applicable to 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). See MPEP §§ 2412-2419 for guidance on WIPO ST.26 requirements for applications filed on or after July 1, 2022.]

Sample language for the statements required to support sequence rule submissions is provided below. These statements are given by way of example only and are not exhaustive; other language may, of course, be used. For the statements that relate to the assertion that the sequence information contained in the PDF image file or the physical sheets of paper and the computer readable form are "identical" or "the same," it is acknowledged that there may be some non-substantive differences between the two, e.g., page numbers and page breaks may be present in the PDF image file or the physical sheets of paper but not in the computer readable form thereof. This requirement for sameness relates to the informational content of the PDF image file or the physical sheets of paper and the CRF relevant to the requirements of the sequence rules.

37 CFR 1.821(e)(1)(ii), (2)(ii), 1.825(a)(6), or (b)(7) - I hereby state that the sequence information contained in the computer readable form is identical to the sequence information contained in the "Sequence Listing" submitted as a PDF image file or on physical sheets of paper.

37 CFR 1.825(a)(3) and (4) - I hereby state that the amendment adding a "Sequence Listing", made in accordance with 37 CFR 1.825(a) is supported in the application, as originally filed, at [insert the basis for all sequence data in the "Sequence Listing" with specific references to particular parts of the application (specification, claims, drawings) as originally filed]. I hereby state that the "Sequence Listing" does not include new matter.

37 CFR 1.825(b)(3), (4), and (5) - - I hereby state that the previous "Sequence Listing" that is replaced by the currently submitted replacement "Sequence Listing" in accordance with 37 CFR 1.825(b) is amended by [identify the location of all deletions, replacements, or additions to the previous "Sequence Listing"]. I hereby state that the replacement "Sequence Listing", made in accordance with 37 CFR 1.825(b) is supported in the application, as originally filed, at [insert the basis for all sequence data in the "Sequence Listing" with specific references to particular parts of the application (specification, claims, drawings) as originally filed]. I hereby state that the replacement "Sequence Listing", submitted in accordance with 37 CFR 1.825(b), includes no new matter.