208

Where the Euro-PCT application discloses nucleotide and amino acid sequences, it must, on entering the European phase, contain a sequence listing drawn up in compliance with the prescribed standard (see point 48 ff) in one of the EPO's official languages if the EPO does not already have one. As a rule the EPO has a sequence listing drawn up in compliance with the prescribed standard if the international search was performed by the EPO (see point 93 ff).

209

If on expiry of the 31-month time limit a sequence listing is not available to the EPO or does not comply with the standard contained in Annex C to the Administrative Instructions, or has not been filed on the prescribed electronic data carrier, or if a sequence listing subsequently filed within the said period is not drawn up in the language of proceedings, the applicant will be invited to furnish a sequence listing complying with the standard or on the prescribed data carrier or to file a translation within such period as the EPO specifies.

210

Furthermore, the applicant must enclose, together with the sequence listing and the data carrier, a declaration to the effect that the sequence listing filed does not extend beyond the content of the application as originally filed and that the information stored on the data carrier is the same as the written sequence listing.

211

There is no requirement to translate any text matter in a sequence listing which forms part of the description, provided that the sequence listing complies with Rule 12.1(d) PCT and the description with Rule 5.2(b) PCT.