Rules 5.2 and 13ter PCT apply to the filing of sequence listings (see IV, 5 ("Applications relating to nucleotide and amino acid sequences")). The EPO as International Searching Authority (see E-IX, 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 12 July 2007, Special edition No. 3, OJ EPO 2007, C.1 with the accompanying Notice from the EPO dated 12 July 2007, Special edition No. 3, OJ EPO 2007, C.2 (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).

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 period for entry into the regional phase (see Rule 163(3) and Rule 30(3)).