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Filing international applications containing sequence listings in WIPO Standard ST.26 format

Q: I filed a national application containing a sequence listing in WIPO Standard ST.25 format on 1 September 2021. I wish to file an international application claiming priority of the national application but have heard that a new standard for sequence listings will come into force on 1 July 2022. What should I do?

A: WIPO Standard ST.26 ("ST.26") is the new XML standard for disclosing nucleotide and amino acid sequences in a patent application. Compared to WIPO Standard ST.25 ("ST.25"), the new standard includes additional sequence types (for example, branched sequences, D-amino acids and nucleotide analogs) and is more consistent with the requirements of major sequence databases. This should assist both the preparation of sequence listings and the availability of sequence data for searching.

The applicable standard depends on the filing date of the international application. Any disclosure of sequences in an international application filed before 1 July 2022 must continue to comply with ST.25, both at the time of filing and with respect to any listings submitted subsequently. Any disclosure of sequences in an international application filed on or after 1 July 2022 must comply with ST.26, even if the priority application contains an ST.25 sequence listing. Note that this should also be the case for national applications, but you should check that with the individual Offices concerned.

It is very important to use the correct standard that applies on the date of filing. ST.26 sequences include mandatory qualifiers that may require content different from the qualifier text in ST.25. Consequently, while submitting a sequence listing using the wrong standard is a formality defect (whether ST.26 for an international application filed before 1 July 2022 or ST.25 for an international application filed on or after that date), it may be difficult or impossible to correct that defect or to amend the application to use the correct standard without adding subject matter.

You might therefore consider not using the full priority year and instead file your international application before 1 July 2022. This would allow you to use the ST.25 sequence listing from the priority application in the international application without making any changes.

If you wish to file your international application on or after 1 July 2022, you should download the WIPO Sequence software from https://www.wipo.int/standards/en/sequence/index.html to transform your ST.25 sequence listing to ST.26 format well in advance of the proposed filing date. The current version of the software is fully functional for this, but the International Bureau (IB) expects to release a new version before May, which will be more user friendly. You can find recommendations on the transformation of a sequence listing from ST.25 to ST.26 regarding potential added or deleted subject matter in Annex VII of ST.26 at:

https://www.wipo.int/standards/en/pdf/03-26-01.pdf

You should also be aware that the provisions in PCT Rule 5.2(b) for the presentation of any free text in the sequence listing will change from 1 July 2022, removing the requirement for the free text also to appear in the main body of the description. ST.26 allows a single sequence listing to contain free text in up to two languages - English and/or one other. If a translation will be required for the purposes of international search or publication, it will therefore be possible to meet this requirement at the time of filing, provided that the receiving Office permits the language of translation in the free text of the sequence listing for the filing of international applications.

Where an Office requires a translation of the free text subsequent to filing, you will need to submit a new sequence listing containing the free text in the required language. Such translations can be prepared manually within WIPO Sequence. Alternatively, the software can export an industry standard XLIFF file containing the relevant free text terms in the original language. Standard professional translation software can read these files, allowing a translator to provide the text in the required language such that it can be read back into WIPO Sequence to create the new sequence listing automatically.

You can find further information on the implementation of ST.26 in the ST.26 FAQs at:

https://www.wipo.int/standards/en/sequence/faq.html

If you have any questions on ST.26 or the WIPO Sequence software, please contact the IB at: wiposequence@wipo.int.