In relation to A‑IV, 5 ("Applications relating to nucleotide and amino acid sequences"), where the Euro-PCT application discloses nucleotide or amino acid sequences, a sequence listing in electronic form (i.e. in TXT format) drawn up in compliance with the applicable WIPO standard must be available to the EPO as designated/elected Office on expiry of the 31-month time limit. As a rule, it will be available to the EPO if it was contained in the international application under Rule 5.2 PCT or filed under Rule 13ter PCT with the EPO acting as ISA/SISA or IPEA. It will also be accessible to the EPO if it is made available by WIPO on PATENTSCOPE and can be downloaded in a usable form.
If such a sequence listing is not available to the EPO and has not been filed by the applicant, at the expiry of the 31-month time limit, the applicant will be invited to furnish the sequence listing in electronic form, i.e. in text format (TXT), in accordance with the applicable WIPO standard and pay a late-furnishing fee within a period of two months (see Rule 163(3) and Rule 30(3)). The sequence listing does not need to may not be filed additionally on paper or in PDF format (see Art. 1 and Art. 5 of the decision of the President of the EPO dated 9 December 2021 (OJ EPO 2021, A96) 28 April 2011, OJ EPO 2011, 372, and point 6 of the notice from the EPO dated 9 December 2021 (OJ EPO 2021, A97) 18 October 2013, OJ EPO 2013, 542).
If the required sequence listing is not filed within the time limit set, the application is refused. The refusal may be remedied by a request for further processing (see E‑VIII, 2).