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Guidelines for Examination

 
 
5.1
Sequence information filed under Rule 56

If the application as originally filed does not disclose any sequences, such that the EPO cannot be aware of any deficiency, then no communication according to Rule 30(3) or Rule 56(1) will be sent to the applicant. In such cases, the applicant may file the missing parts of the description relating to sequences of his own motion within two months of the date of filing according to Rule 56(2) (see A-II, 5.2). According to Rule 57(j), any sequence information thus filed will be checked for compliance with Rule 30(1) in conjunction with the rules laid down by the President of the EPO, including the requirement to furnish the listing in electronic form and, where applicable, to furnish the statement of identity of the electronic listing with the written listing.

If the sequence information thus filed does not conform to the requirements of Rule 30(1) in conjunction with the rules laid down by the President of the EPO, then a communication under Rule 30(3) is sent to the applicant requesting correction (see A-IV, 5).

If, on the other hand, the sequence information thus filed already conforms to the requirements of Rule 30(1), no Rule 30(3) communication will be sent.

The above applies regardless of whether or not the late-filed parts of the description result in a change of the date of filing (see A-II, 5.3) or if the late-filed missing parts can be based on the claimed priority, allowing the original date of filing to be maintained (see A-II, 5.4). If, however, the late-filed parts of the description result in a change of the filing date, any communication according to Rule 30(3) which might be required will only be sent after the one-month period for the withdrawal of the late-filed parts has expired without the applicant having withdrawn them (see A-II, 5.5).

Where the application as filed contains a sequence listing which does not contain all the sequences disclosed in the application documents, the sequence listing, due to this incompleteness, cannot be considered as complying with WIPO Standard ST.25. Hence, the applicant will be invited under Rule 30 to file a standard compliant sequence listing and to pay the late furnishing fee.

In the case where the applicant inserts a sequence listing which conforms to the requirements of Rule 30(1) into the description as a late-filed part of the description according to Rule 56, the sequence listing so added is considered part of the description on the date of filing (regardless of whether or not this has changed). That is to say, in this case Rule 30(2) does not apply.