Stay informed with updates regarding WIPO Standard 26 (ST.26)–the standard for the presentation of nucleotide and amino acid sequence listings using XML.
ST.26 (version 1.6) worldwide implementation date: July 1, 2023
WIPO ST.26 (version 1.6) entered into force on July 1, 2023. ST.26 (version 1.6) may be found here: https://www.wipo.int/export/sites/www/standards/en/pdf/03-26-01.pdf WIPO Standards, Recommendations and Guidelines may be found here: https://www.wipo.int/standards/en/part_03_standards.html Note: previous version 1.5 was implemented July 1, 2022.
ST.26 (version 1.5) worldwide implementation date: July 1, 2022
The implementation date for WIPO ST.26 is July 1, 2022. See WO/GA/54/14, "Matters concerning the implementation date of WIPO Standard ST.26." Intellectual Property Offices at the national, regional, and international levels will simultaneously transition to ST.26 on this date. ST.26 (version 1.5) may be found here: https://www.wipo.int/export/sites/www/standards/en/pdf/03-26-01_v1_5.pdf WIPO Standards, Recommendations and Guidelines may be found here: https://www.wipo.int/standards/en/part_03_standards.html
ST.26 introduction
When biological sequence data is disclosed in a patent application, an electronic version of the data, called a sequence listing, must accompany the application. Currently, the international standard for this sequence listing is WIPO Standard ST.25. The current United States Patent and Trademark Office (USPTO) regulations regarding sequence listings (see 37 CFR 1.821 – 1.825) are based on ST.25. However, a new international standard, WIPO Standard ST.26, is being implemented internationally.
USPTO final rules
With the adoption of ST.26 as the new standard for sequence listings, the USPTO has revised its regulations. On May 20, 2022, the USPTO published a final rule to implement WIPO Standard ST.26 for applications filed on or after July 1, 2022 with the USPTO, along with conforming amendments to other rules. See 87 Fed. Reg. 30806. This final rule creates new rules, 37 CFR 1.831-1.835, based on and expressly incorporating relevant portions of WIPO Standard ST.26. Also 37 CFR 1.821-1.834 specifically incorporate by reference certain provisions of WIPO Standard ST.26.
Details about Standard ST.26
Access the most recent version of WIPO Standard ST.26 (version 1.5) on the List of WIPO Standards, Recommendations and Guidelines webpage. You can also download the following from that page, under Standard ST.26:
- Annex II (the Document Type Definition (DTD) for use with XML editors in creating sequence listings)
- Annex III (a sample ST.26 XML sequence listing)
- Annex VI, Appendix (guidance document sequences in XML)
Creating an ST.26 sequence listing
- Read about WIPO Sequence, an ST.26 authoring tool.
- Download the current version of WIPO Sequence.
- See also Sequence listing basics.
When to file an ST.25 or ST.26 sequence listing
The application filing date determines whether a sequence listing must comply with ST.25 or ST.26.
- If an application has a filing date on or before June 30, 2022, any sequence listing submitted during the course of prosecution must comply with ST.25 format.
- It is not permitted to file sequence listings in ST.26 format for applications with filing dates on or before June 30, 2022, even if the sequence listing is filed on or after July 1, 2022.
- It is not permitted to file sequence listings in ST.26 format for applications with filing dates on or before June 30, 2022, even if the sequence listing is filed on or after July 1, 2022.
- If an application has a filing date on or after July 1, 2022, any sequence listing submitted during the course of prosecution must comply with ST.26 format.
- It is not permitted to file sequence listings in ST.25 format for an application with a filing date on or after July 1, 2022, even if the application has a valid benefit or priority claim to an application containing a sequence listing in ST.25 format.
- If, optionally, a sequence listing is filed in a provisional application with a filing date on or after July 1, 2022, the sequence listing must be in ST.26 format.
- The filing date of a U.S. national phase application (i.e. an application submitted under 35 U.S.C. 371) is the international filing date.
- The international filing date is when the Patent Cooperation Treaty application was filed at a receiving Office, irrespective of any priority date.
- The international filing date is when the Patent Cooperation Treaty application was filed at a receiving Office, irrespective of any priority date.
- A benefit or priority claim does not entitle an application to an earlier filing date, for the purpose of determining whether a sequence listing must be ST.25 or ST.26.
- Any sequence listing submitted in a continuing or divisional application having a filing date on or after July 1, 2022 must comply with ST.26 format, even if the parent application has a filing date on or before June 30, 2022.
More information on ST.26
Access WIPO training on Standard ST.26 and WIPO Sequence: