PCT International Search and Preliminary Examination Guidelines

PART VIII  CLERICAL AND ADMINISTRATIVE PROCEDURES

Chapter 22 Clerical and Administrative Procedures

Processing of Nucleotide and/or Amino Acid Sequence Listings Furnished Specifically for the Purposes of International Search or Preliminary Examination

Rules 13ter.1, 13ter.2;  Sections 513, 610; AI Annex C

22.60  Where the international application contains disclosure of nucleotide and/or amino acid sequences and the applicant has furnished, either upon invitation or otherwise, a sequence listing to the International Searching Authority or the International Preliminary Examining Authority, as the case may be, specifically for the purposes of international search or preliminary examination, any such listing not contained in the international application as filed will not, subject to Article 34, form part of the international application, but will only be used for the purposes of the respective procedure.  If such a sequence listing is furnished online, the purpose for which the sequence listing is filed and the international application number will be encoded in the filename or associated metadata without changing the contents of the file.  If it is furnished on a physical medium, the Authority physically labels the medium with the words “SUBSEQUENTLY FURNISHED SEQUENCE LISTING NOT FORMING PART OF THE INTERNATIONAL APPLICATION ” or the equivalent in the language of publication of the international application, together with the international application number.

Sections 513(e), 610(d); AI Annex C

22.61  The Authority, in addition to keeping a copy of such sequence listing in its files, transmits a copy thereof to the International Bureau so that it may be shared with the designated or elected Offices.  If the sequence listing was received online, it is transmitted to the International Bureau online with the appropriate annotations but no change to its contents.  If it was furnished on a physical medium, the Authority may either transmit a copy to the International Bureau online as if it had been received online, or alternatively, send a copy of the physical medium to the International Bureau.  If the physical medium was furnished in less than the number of required copies, the Authority prepares the additional copy and may collect the corresponding fee from the applicant.