4.2 The international preliminary examination procedure before the EPO as an IPEA
4.2.11.Nucleotide and amino acid sequences
4.2.034If the ISR was not drawn up in full or in part because the sequence listing was not available to the ISA in the required electronic form and format (see point 3.3.012), this may affect the procedure under Chapter II PCT.
4.2.035International applications filed on or after 1 July 2022 and disclosing nucleotide and/or amino acid sequences must include a sequence listing part of the description complying with WIPO Standard ST.26. If a WIPO Standard ST.26-compliant sequence listing is not available to the EPO as IPEA, the applicant may be invited to furnish such a sequence listing and to pay a late furnishing fee within a non-extendable time limit of one month. Detailed information is provided in the decision of the President of the EPO dated 9 December 2021 on the filing of sequence listings (OJ 2021, A96) and in the notice from the EPO of 9 December 2021 (OJ 2021, A97). For international applications filed before 1 July 2022, the applicable standard before the EPO is WIPO ST.25. The provisions of the decision of the President of the EPO dated 28 April 2011 on the filing of sequence listings and of the notice from the EPO of 18 October 2013 continue to apply for these applications (OJ 2011, 372 and OJ 2013, 542).
4.2.036If no (full) international search was carried out, the EPO as IPEA will not perform the international preliminary examination if a meaningful examination cannot be performed (see point 4.2.027). In such cases an invitation to file a sequence listing under Rule 13ter.2 PCT is not issued by the EPO as IPEA and applicants are advised not to file sequence listings at this late stage.