Where the Euro-PCT application discloses nucleotide or amino acid sequences, a sequence listing in electronic (text) form drawn up in compliance with WIPO Standard ST.25 must be available to the EPO as a designated/elected Office on expiry of the 31-month time limit. Extensive information is provided in the Notice from the EPO dated 18 October 2013. The sequence listing must be filed in electronic (TXT) format only; consequently, a sequence listing filed on paper or in PDF format is not permitted and will be disregarded.
As a rule the required sequence listing 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 (see points 159 ff). Further, 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 a sequence listing must be filed upon entry into the European phase, the applicant must enclose a statement to the effect that the information contained in the sequence listing does not go beyond the content of the original application documents. This statement can be made by crossing the appropriate box in Section 9.2 of Form 1200.
A translation of any text matter in a sequence listing which forms part of the description or which was filed subsequently need only be provided if it is not yet available to the EPO in English (see point 524).
Date retrieved: 30 December 2018
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EPC Implementing Rules
XR.30 EPC Requirements of European patent applications relating to nucleotide and amino acid sequences
EPO Guidelines - A Formalities Examination
EPO Guidelines - E General Procedural Matters
EPO Guide for Applicants, part II Int.
EPO Guide for Applicants, part II Int. - B The EPO as a PCT receiving Office
EPO Guide for Applicants, part II Int. - E Euro-PCT procedure before the EPO as designated or elected Office
PCT Implementing Rules
XR.12 PCT Language of the International Application and Translations for the Purposes of International Search and International Publication