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Where the Euro-PCT application discloses nucleotide or amino acid sequences, a sequence listing in electronic (TXT) form drawn up in compliance with WIPO Standard ST.25 must be available to the EPO as a designated/elected Office on expiry of the 31-month time limit. The sequence listing does not have to be filed on paper. Extensive information is provided in the Notice from the EPO dated 28 April 2011.
OJ 2011, 372 and 376
OJ 2007, Spec.Ed. 3, A.5
GL/EPO A-IV, 5 and E-VIII, 2.4.2
As a rule the required sequence listing will be available to the EPO if it was contained in the international application under Rule 5.2 PCT or filed under Rule 13ter PCT with the EPO acting as ISA/SISA or IPEA (see points 153 ff). Further, it will also be accessible to the EPO if it is made available by WIPO on Patentscope and can be downloaded in a usable form.
If a sequence listing must be filed upon entry into the European phase, the applicant must enclose a statement to the effect that the sequence listing contains only the sequence information contained in the original application documents. This statement can be made by crossing the appropriate box in Section 9.2 of Form 1200.
A translation of any text matter in a sequence listing which forms part of the description or which was filed subsequently need only be provided if it is not yet available to the EPO in English (see point 514).