Legal Evaluation of Each Statement
a) If you are invited by the EPO to file a sequence listing, you need to file it and pay a late furnishing fee to the EPO.
True
According to Rule 30(3) EPC, if a sequence listing compliant with Rule 30(1) is not filed at the date of filing, the EPO will issue an invitation to furnish it. The applicant must submit the sequence listing and pay a late furnishing fee. Both actions are required within the specified time limit.
b) If you are invited by the EPO to file a sequence listing and do not react to this invitation in due time, the application is deemed to be withdrawn.
False.
Rule 30(3) EPC states that if the applicant fails to comply with the invitation, the application will be refused, not deemed withdrawn. The difference is critical: a "refusal" can typically be appealed, while "deemed withdrawn" may trigger different remedies (e.g., further processing).
c) If you are invited by the EPO to file a sequence listing, you need to file it in PDF format.
False.
Under the Decision of the President of the EPO dated 9 December 2021, sequence listings must be filed in XML format, compliant with WIPO Standard ST.26. PDF or TXT formats are no longer accepted for filings made on or after 1 July 2022.
d) You do not need to file any sequence listing because the amino acid sequence is not claimed.
False.
The obligation to submit a sequence listing under Rule 30(1) EPC arises from the disclosure of nucleotide or amino acid sequences in the application — not whether they are claimed. Therefore, even if disclosed in an example and not part of the claims, the sequence listing must be submitted.
Exam Tip:
Always file sequence listings in XML format following WIPO ST.26 if your application discloses nucleotide or amino acid sequences. The requirement applies regardless of whether the sequences are claimed. If you receive an invitation under Rule 30(3) EPC, comply within the time limit and pay the fee — failure results in refusal, not deemed withdrawal. This distinction can affect your procedural options significantly.
Legal Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. This content should not be used as a substitute for professional legal advice tailored to your specific circumstances. For advice related to any specific legal matters, you should consult a qualified attorney.