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Guidelines for Examination

 
 
2.4.2
Sequence listings 

Rules 5.2 and 13ter PCT apply to the filing of sequence listings (see A-IV, 5 ("Applications relating to nucleotide and amino acid sequences")). The EPO as International Searching Authority (see E-VIII, 3) makes use of the opportunity under Rule 13ter.1 PCT to invite the applicant where appropriate to furnish it with the prescribed sequence listing in electronic form according to WIPO Standard ST.25, paragraph 39 ff (see Art. 4 of the Decision of the President of the EPO dated 28 April 2011, OJ EPO 2011, 372 with the accompanying Notice from the EPO dated 28 April 2011, OJ EPO 2011, 376 (point II)). The furnishing of sequence listings in response to an invitation under Rule 13ter.1 PCT is subject to a late furnishing fee (see Rule 13ter.1(c) PCT). If the required sequence listing is received after the applicable time limit but before the start of the international search, it will be considered by the EPO in its capacity as ISA as if it had been received within that time limit.

For Euro-PCT applications entering the regional phase before the EPO, the applicant will be invited to furnish a sequence listing in accordance with WIPO Standard ST.25 and pay a late furnishing fee within a period of two months, if such a sequence listing is not available to the EPO at the expiry of the 31-month time limit (see Rule 163(3) and 30(3)). The filing of a sequence listing is not required on paper (see Art. 5 of the Decision of the President of the EPO dated 28 April 2011, OJ EPO 2011, 372 and the accompanying Notice from the EPO dated 28 April 2011, OJ EPO 2011, 376).

References

Rule 163(3)