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Q79. Sequence Listing

Q79. Sequence Listing
 When an application includes an amino acid and/or nucleotide sequence, does the Japanese law require submit the sequence listing? Must the sequence listing in computer readable form be submitted with the application? Can the sequence listing be supplemented after the filing date of the application?

A79. In case where a patent application (including an application claiming the priority of a foreign application and a PCT national phase application) describes an amino acid and/or a nucleotide sequence in the specification and/or figure, the applicant must prepare the sequence listing for the nucleotide and/or amino acid sequence in accordance with “Guidelines for the preparation of specification which contain nucleotide and/or amino acid sequences” and describe the sequence listing in the specification. Furthermore, when the application is filed, the electronic data of the sequence listing in computer readable form (electronic data) must be submitted.
 The submission of the electronic data is made by submitting a floppy disc or compact disc storing the data. When a patent application is filed by using on-line application system, the electronic data can be submitted together with the application.
 It is not necessary to submit the sequence listing when the application is filed. However, when no sequence listing is submitted at the filing of the application, the JPO issues a notice of formal objection and requires the applicant to submit the electronic data of the sequence listing within the prescribed term (usually 30 days from the notice). Unless the electronic data are submitted within the prescribed term, the application will be dismissed. Therefore, it is recommendable to submit the sequence listing at the filing of the application.