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Guidelines for Examination

 
 
2.3.4
Sequence listings filed after the date of filing 

A standardised sequence listing filed after the date of filing does not form part of the description (Rule 30(2)). Such a standardised sequence listing is not published either as an annex to the application or together with the specification (see the Notice from the EPO dated 28 April 2011 concerning the filing of sequence listings, OJ EPO 2011, 376, IV.2).

Pages and electronic files disclosing sequences or constituting a non-standardised sequence listing which were filed at the date of filing are an integral part of the application as originally filed and are treated like any other parts of the description.

A subsequently filed standardised sequence listing may contain only the sequence information - in a standardised form - already contained in the original application, and in particular the number of sequences and their numbering should be the same as in the original description (above EPO Notice, section I.2.4). To this end the applicant must file a statement confirming that the subsequently filed standardised sequence listing does not include matter which goes beyond the content of the application as originally filed (Article 2(2) of the Decision of the President dated 28 April 2011 on the filing of sequence listings, OJ EPO 2011, 372). In line with this, a subsequently filed standardised sequence listing cannot be used to determine the originally disclosed content of the application, but only for search purposes (above EPO Notice, section I.2.5).

A subsequently filed standardised sequence listing is not to be examined for compliance with the requirements of Art. 123(2), as it is not part of the description.