Rule 5.2 PCT and Rule 13ter PCT apply to the filing of sequence listings (see A‑IV, 5 ("Applications relating to nucleotide and amino acid sequences")). The EPO as International Searching Authority (see E‑IX, 3) makes use of the opportunity under Rule 13ter.1 PCT to invite the applicant where appropriate to furnish it with the prescribed sequence listing in electronic form according to WIPO Standard ST.25, paragraph 39 sqq. (see Art. 4 of the Decision of the President of the EPO dated 28 April 2011, OJ EPO 2011, 372, and the Notice from the EPO dated 18 October 2013, OJ EPO 2013, 542 (point II)). The furnishing of sequence listings in response to an invitation under Rule 13ter.1 PCT is subject to a late furnishing fee (see Rule 13ter.1(c) PCT). If the required sequence listing is received after the applicable time limit but before the start of the international search, it will be considered by the EPO in its capacity as ISA as if it had been received within that time limit.
For Euro-PCT applications entering the regional phase before the EPO, the applicant will be invited to furnish a sequence listing in electronic form, i.e. in text format (TXT), in accordance with WIPO Standard ST.25 and pay a late furnishing fee within a period of two months, if such a sequence listing is not available to the EPO at the expiry of the 31-month time limit (see Rule 163(3) and Rule 30(3)). The sequence listing may not be filed on paper or, in the case of electronic filing of the application, in PDF format (see Art. 5 of the Decision of the President of the EPO dated 28 April 2011, OJ EPO 2011, 372, and the Notice from the EPO dated 18 October 2013, OJ EPO 2013, 542).[Rule 163(3); ]
Date retrieved: 30 December 2018
11 references found.Click X to load a reference inside the current page, click on the title to open in a new page.
EPC Implementing Rules
XR.30 EPC Requirements of European patent applications relating to nucleotide and amino acid sequences