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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules regard to the filing date of the originally granted patent for which reissue is sought. That is, any reissue application filed on or after January 1, 2022, where the disclosure or claims contain nucleotide and amino acid sequences would be required to comply with proposed 1.831 through 1.835.
Relying on the actual filing date of an application to determine whether a sequence listing must conform to 1.821 through 1.825 rules based on Standard ST.25 or 1.831 through 1.835 rules based on Standard ST.26
will simplify the application of the sequence rules, both for the USPTO and the applicant.

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II. Discussion of Specific Rules Section 1.52: Paragraph e1ii was proposed to be amended in another rulemaking that published at 86 FR
28301 May 26, 2021. This proposed rule would further amend that paragraph to include reference to a Sequence Listing XML submitted under 1.831a in compliance with 1.832 through 1.834.
Section 1.52e3iv is proposed to be added to require that the contents of each read-only optical disc for a Sequence Listing XML must be in XML file format and, if compressed, must be compressed in accordance with 1.834.
Section 1.52e7 was proposed to be amended in another rulemaking that published at 86 FR 28301 May 26, 2021. This proposed rule would further amend that paragraph to require that any amendment to the information on a read-only optical disc submitted in relation to a Sequence Listing XML be in accordance with 1.835b.
Section 1.52f1 was proposed to be amended in another rulemaking that published at 86 FR 28301 May 26, 2021. This proposed rule would further amend that paragraph to indicate that any XML file submitted on a read-only optical disc is excluded from the application size fee determination if the read-only optical disc contains a Sequence Listing XML in compliance with 1.831a. The provision at 35
U.S.C 41a1G provides the basis for excluding any sequence listing, when filed in electronic medium, from the application size fee determination. A
Sequence Listing XML is considered any sequence listing.
Section 1.52f1i was proposed to be added in another rulemaking that published at 86 FR 28301 May 26, 2021. This proposed rule would further amend that paragraph to reference any Sequence Listing XML in compliance with 1.831a.

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Section 1.52f2 was proposed to be amended in another rulemaking that published at 86 FR 28301 May 26, 2021. This proposed rule would further amend that paragraph to indicate that any XML file, submitted via the USPTO
patent electronic filing system for a Sequence Listing XML in compliance with 1.831a is excluded from the application size fee determination. The provision at 35 U.S.C 41a1G
provides the basis for excluding any sequence listing when filed in electronic medium from the application size fee determination. A Sequence Listing XML is considered any sequence listing.
Section 1.52f2i was proposed to be added in another rulemaking that published at 86 FR 28301 May 26, 2021. This proposed rule would further amend that paragraph to reference any Sequence Listing XML in compliance with 1.831a.
Section 1.52f3 was proposed to be added in another rulemaking that published at 86 FR 28301 May 26, 2021. This proposed rule would further amend that paragraph to subject any Sequence Listing XML of 300MB
800MB to the surcharge set forth in 1.21o1 and any Sequence Listing XML over 800MB to the surcharge set forth in 1.21o2.
Section 1.53: Section 1.53c4 is proposed to be revised to indicate that a separate sequence listing in a provisional application disclosing nucleotide and/or amino acid sequences is not required but, any biological sequence data submitted in a provisional application filed on or after January 1, 2022, must be a Sequence Listing XML in compliance with 1.831 through 1.834. This proposed change is not anticipated to cover applications filed before January 1, 2022.
Section 1.77: Section 1.77b5 was proposed to be amended in another rulemaking that published at 86 FR
28301 May 26, 2021. This proposed rule would further amend that paragraph by reorganizing under 1.77b5i the provisions for an incorporation by reference statement for ASCII plain text tiles submitted for a Computer Program Listing Appendix 1.77b5iA, a Sequence Listing 1.77b5iB, and Large Tables 1.77b5iC. Section 1.77b5ii would contain provisions for an incorporation by reference statement for a Sequence Listing XML submitted via a USPTO patent electronic filing system or on one or more read-only optical discs. There would be no 1.77b5iii.

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Section 1.121: Section 1.121b was proposed to be amended in another rulemaking that published at 86 FR
28301 May 26, 2021. This proposed rule would further amend that paragraph to add an exception to amendment practice for Sequence Listing XMLs 1.835.
Section 1.121b6 was proposed to be added in another rulemaking that published at 86 FR 28301 May 26, 2021. This proposed rule would further amend that paragraph to require that changes to a Sequence Listing XML
be made in accordance with 1.835.
Section 1.173: The heading of 1.173b1 was proposed to be amended in another rulemaking that published at 86 FR 28301 May 26, 2021. This proposed rule would further amend that heading to include Sequence Listing XML 1.831a.
Section 1.173b1i was proposed to be added in another rulemaking that published at 86 FR 28301 May 26, 2021. This proposed rule would further amend that paragraph to add an exception to reissue amendment practice for a Sequence Listing XML
1.831a.
Section 1.173b1ii was proposed to be added in another rulemaking that published at 86 FR 28301 May 26, 2021. This proposed rule would further amend that paragraph to provide that changes to a Sequence Listing XML
must be made in accordance 1.835.
Section 1.173d was proposed to be amended in another rulemaking that published at 86 FR 28301 May 26, 2021. This proposed rule would further amend that paragraph to also exclude a Sequence Listing XML from the manner of making amendments in a reissue application.
Section 1.211: Section 1.211c is proposed to be amended to add a Sequence Listing in compliance with 1.821 through 1.825 if applicable for an application filed before January 1, 2022, and a Sequence Listing XML in compliance with 1.831 through 1.835
if applicable for an application filed on or after January 1, 2022, to the currently listed items that may delay application publication if not present.
Section 1.495: Section 1.495c5 is proposed to be amended to delineate between translations needed for a Sequence Listing in international applications entering the national stage in the United States having an international filing date before January 1, 2022, and a Sequence Listing in XML format for international applications entering the national stage in the United States having an international filing date on or after January 1, 2022. Specifically, the
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