A revised version of this publication entered into force.
If the sequence listing of an international application is not available in electronic form and/or does not comply with WIPO Standard ST.26 the standard provided in (see Annex C to the Administrative Instructions, paragraph 4(WIPO Standard ST.25), the EPO as ISA will invite the applicant to furnish the a sequence listing in electronic text format complying with the standard or a translation in the form of a new sequence listing in a language acceptable to it, as the case may be, and pay a late furnishing fee, and to perform these steps within a non-extendable time limit of one month from the date of the invitation.
If, within the time limit set, the applicant has not submitted the sequence listing in the required an ST.26-compliant sequence listing electronic form and format and paid the late furnishing fee, the EPO as ISA will carry out the international search without the sequence listing to the extent that a meaningful search can be carried out.
The examiner when performing the search will either:
(i)issue a declaration under Art. 17(2)(a)(ii) and Rule 13ter.1(d) that no meaningful search on any claimed subject-matter is possible due to the failure of the applicant to comply with Rule 5.2 (no sequence listing) and/or Rule 13ter.1(a) (no computer-readable sequence listing);
(ii)issue an incomplete search report with a declaration under Art. 17(2)(b) and Rule 13ter.1(d) that a meaningful search is not possible in respect of certain claimed subject-matter due to the failure to comply with Rule 5.2 (no sequence listing) and/or Rule 13ter.1(a) (no computer-readable sequence listing).
This also has consequences for the international preliminary examination procedure before the EPO as IPEA (see GL/PCT‑EPO C‑VIII, 2.1).