MPEP § 2412.01
[Editor Note: This section is applicable to all applications with a filing date, or, for national phase applications, an international filing date, on or after July 1, 2022, having disclosure of one or more nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]
Under the sequence listing rules, 37 CFR 1.831 - 1.834, an application having a filing date on or after July 1, 2022, that discloses one or more nucleotide and/or amino acid sequences by enumeration of its residues, as defined in 37 CFR 1.831(a), must contain, as a part of the description, a sequence listing in eXtensible Markup Language (XML) format, where the XML file of the sequence information conforms to the requirements of 37 CFR 1.831 - 1.834, which specify requirements of particular paragraphs of WIPO Standard ST.26. For U.S. applications, the sequence rules do not require that all sequences and associated sequence information contained in the required sequence listing part of the description be disclosed elsewhere in the application; the content of a sequence listing is considered part of the disclosure of the invention. However, for international applications, all sequences and associated sequence information contained in the required sequence listing part of the description is considered an application part if present on the filing date without an incorporation by reference.