3.2 Nucleotide and amino acid sequences 

If the sequence listing of an international application is not available or does not comply with WIPO Standard ST.26 (see Annex C to the Administrative Instructions, paragraph 4), the EPO as ISA will invite the applicant to furnish a sequence listing 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 an ST.26-compliant sequence listing 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);

or

(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).