Article 64

EUROPEAN PATENT OFFICE

Information from the EPO

Decision of the President of the European Patent Office dated 14 November 2025 on the filing of sequence listings

The President of the European Patent Office,

having regard to Article 10(2) EPC, Rules 2, 30(1), 68(2), 73(2) and 163(3) EPC and Rule 13ter PCT,

having regard to the decision dated 8 July 2025 concerning the electronic filing of documents (OJ EPO 2025, A52), to the decision dated 9 February 2024 concerning the web-based online service MyEPO Portfolio and electronic notification to the Mailbox in proceedings under the EPC and the PCT (OJ EPO 2024, A20), and to the decision dated 14 May 2024 concerning the revision of WIPO Standard ST.26 (OJ EPO 2024, A54),

has decided as follows:

Article 1

Sequence listings in respect of European patent applications

(1) If nucleotide or amino acid sequences are disclosed in a European patent application, the description must contain a sequence listing in XML format complying with WIPO Standard ST.26.

(2) A sequence listing filed on the date of filing of the European patent application will be published in its original filing format with the application documents (Rule 68(1) EPC) and the patent specification (Rule 73 EPC) as part of the description.

(3) If a sequence listing is also filed in another format accepted for the filing of documents, only the sequence listing complying with WIPO Standard ST.26 will be taken into account when searching the application.

(4) A sequence listing filed after the date of filing of the European patent application must be accompanied by a statement to the effect that it does not include matter which goes beyond the content of the application as filed.

(5) Following any revision of WIPO Standard ST.26, the President will decide on a date from which the revised version of the standard will apply and will publish that information in the Official Journal together with any transitional provisions concerning the furnishing on or after that date of sequence listings related to applications filed prior to that date.

Article 2

Sequence listings in respect of international (PCT) applications

If nucleotide or amino acid sequences are disclosed in an international patent application but a WIPO Standard ST.26-compliant sequence listing is not available to the EPO as International Searching Authority, Supplementary International Searching Authority or International Preliminary Examining Authority, the applicant will be invited to furnish such a listing under Rule 13ter.1(a) PCT and to pay the late furnishing fee under Rule 13ter.1(c) PCT within a period of one month from the date of the invitation. Article 1, paragraphs 3 and 4, apply mutatis mutandis.

Article 3

Sequence listings to be filed with the EPO as designated or elected Office

On invitation to file a WIPO Standard ST.26-compliant sequence listing under Rule 163(3) EPC, Article 1, paragraphs 3 and 4, apply mutatis mutandis.

Article 4

Filing of sequence listings

(1) Subject to paragraph 2, sequence listings may only be filed using Online Filing 2.0 or the EPO Contingency Upload Service or, where applicable, ePCT or MyEPO.

(2) Sequence listings that are part of a submission on paper or that cannot be filed with the filing tools set out in paragraph 1 due to their size may be filed on an accepted electronic data carrier. Data carriers accepted by the EPO are

(a) CD-R discs conforming to the ISO 9660 standard

(b) DVD-R discs

(c) DVD+R discs and

(d) USB flash drives.

Article 5

Unreadable, incomplete or infected files and data carriers

(1) If a file containing a sequence listing is unreadable or incomplete, the unreadable or incomplete part will be deemed not to have been filed.

(2) If a file containing a sequence listing is infected with a computer virus or contains other harmful software, the file will be deemed to be unreadable. The EPO is not obliged to open or process such files.

(3) If a file containing a sequence listing is defective within the meaning of paragraphs (1) or (2) at the time of filing, the applicant will be informed without delay.

(4) Paragraphs 1 to 3 apply mutatis mutandis to electronic data carriers accepted in accordance with Article 4(2).

Article 6

Previous decision superseded

When this decision enters into force, the decision of the President dated 9 December 2021 on the filing of sequence listings (OJ EPO 2021, A96) will cease to have effect.

Article 7

Entry into force

(1) This decision enters into force on 1 January 2026.

(2) The decision of the President of the EPO dated 28 April 2011 on the filing of sequence listings (OJ EPO 2011, 372) will continue to apply to European and international patent applications with a date of filing prior to 1 July 2022.

Done at Munich, 14 November 2025

António CAMPINOS

President