Guidance

Changes for patent applications with biological sequence listings

Updated 1 July 2022

From 1 July 2022 a new standard for sequence listings in patent applications came into effect. This change was adopted by all World Intellectual Property Organization (WIPO) contracting states. The change applies to all new patent applications filed here at the IPO including new international Patent Cooperation Treaty (PCT) applications. The change does not apply to new divisional patent applications where the parent application was filed before 1 July 2022.

The new standard is WIPO ST.26. The full description and definition of WIPO ST.26 is available on the WIPO website (PDF, 2.2.MB). In summary it applies to all patent applications which include sequence listings of:

• any nucleic acid sequences (DNA, RNA) having ten or more fully defined residues and

• any peptide (including cyclic peptides) sequences having four or more fully defined residues

The new standard specifies biological sequence listings must be in electronic XML format. Applicants can use new Software, WIPO Sequence, to compile their sequence listings. This will generate XML files compliant with WIPO ST.26. WIPO Sequence is available to download from the WIPO Sequence is available to download from the WIPO website.

Filing international PCT applications containing biological sequence listings

The ST.26 XML file format must now be used for sequence listings included in new international PCT applications. The International Search Authority will examine the sequence listings.

Filing UK national patent applications containing biological sequence listings

Sequence listings (in XML format) generated using the WIPO Sequence software are compliant with WIPO ST.26.

For UK national applications, EOLF and online web-filing services now accept the ST.26 XML files.

Biological sequence listings will be assessed during preliminary examination. If a sequence listing does not comply with WIPO ST.26, you will have 15 months from the filing date to provide a compliant sequence listing. If you only put the sequence listing in the description or as a drawing, this will not comply with WIPO ST.26.

If your application mentions a sequence listing but you do not include it when you file your application, you will have two months to file the missing sequence listing. We will treat this as a missing part of the application. The filing date of your application will be reset to the date on which the sequence is received.

Filing amended biological sequence listings

You must provide a declaration that amended sequence listings do not add matter.

Filing divisional patent applications containing biological sequence listings

WIPO ST.26 will apply to all new patent applications filed on or after 1 July 2022 except for new divisional applications where the parent application was filed before 1 July 2022. For all divisional applications containing biological sequence listings:

1. The sequence listing should in the same format as that required for the parent application. For text (.txt) files, these should be supplied as a PDF copy of the text file used for the parent application.

2. The sequence listing must not add matter beyond the parent application.

3. For divisional applications derived from parent applications filed on or after 1 July 2022, the sequence listings must comply with WIPO Standard ST.26. You must include a declaration that the sequence listing does not add matter.

Seeking further advice

For information about IPO practice please contact our Information Centre (9am-5pm):
Email: information@ipo.gov.uk
Telephone: 0300 300 2000
Outside the UK: +44 (0)1633 814000
Textphone: 0300 0200 015

For further information, please see WIPO’s knowledge base

For technical support on using the WIPO Sequence software, please consult the WIPO’s user manual (PDF, 5.9 MB). Queries can also be addressed to WIPO via wiposequence.support@wipo.int for response within 48 hours.

Keep up to date with WIPO Sequence updates by subscribing to WIPO’s email notifications.

WIPO have also published videos of their training webinars, the most helpful to applicants are:

https://www.wipo.int/meetings/en/details.jsp?meeting_id=62849
https://www.wipo.int/meetings/en/details.jsp?meeting_id=62851