Filing of patent applications containing nucleotide and amino acid sequence listings in accordance with WIPO Standard ST.26The General Assembly of the World Intellectual Property Organization (WIPO), which took place from October 4 to 8, 2021, approved that the date of generalized transition to WIPO Standard ST.26 at the national, regional and for the presentation of lists of nucleotide and amino acid sequences contained in patent applications was established on July 1, 2022. Therefore, it is this WIPO Standard ST.26 that should be used to disclose nucleotide and amino acid sequences in patent applications filed on or after July 1, 2022. Compared to the previous WIPO Standard ST.25, the new standard includes additional sequence types and is more consistent with the requirements of major sequence databases. This is intended to assist in both the preparation of sequence listings and the availability of sequence data for searching. It is very important to remember that the filing date of the patent application is the reference date that determines whether Standard ST.25 or Standard ST.26 applies to an application, and not the priority date. Thus, any disclosure of sequences in an application filed before July 1, 2022 must continue to comply with ST.25, both at the time of filing and with respect to any subsequent filed listings. However, any disclosure of sequences in an application filed on or after July 1, 2022 must comply with Standard ST.26, even if the priority application contains a sequence listing formatted in accordance with Standard ST.25 of the WIPO. The applicant must take into account which is the Standard that applies on the filing date of the patent application. Strings presented in accordance with ST.26 include mandatory qualifiers that may require the use of different content than the qualifier text used in accordance with ST.25. Therefore, the filing of a sequence using the incorrect standard is cause for a lack of prescribed formalities, either because it is made using the ST.26 Standard for an application filed before July 1, 2022, or because it is made using the ST.25 Standard for an application filed on or after that date, and it may be difficult or impossible to correct that defect or modify the application to use the correct standard without adding technical matter to the originally filed application. To avoid the problem of adding matter, it is highly recommended to consult Annex VII of the text of WIPO Standard ST.26, which includes twenty hypothetical situations with recommendations for the transformation of the sequence listing of Standard ST.25 with according to WIPO Standard ST.26. Also, if you intend to file on or after July 1, 2022, you can download WIPO's software, WIPO Sequence for Applicants, which assists in the preparation of sequence listings at: https://www.wipo.int/standards/es/sequence/index.html Further information https://www.wipo.int/standards/es/sequence/faq.html
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