PCT Rule 13ter

Rule 13ter of the Regulations under the PCT

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INTERNATIONAL TREATIES
Regulations under the PCT

Rule 13ter
Nucleotide and/or Amino Acid Sequence Listings
13ter.1
Procedure before the International Searching Authority
(a) Where the international application contains disclosure of one or more nucleotide and/or amino acid sequences, the
International Searching Authority may invite the applicant to furnish to it, for the purposes of the international search, a
sequence listing in electronic form complying with the standard provided for in the Administrative Instructions, unless
such listing in electronic form is already available to it in a form and manner acceptable to it, and to pay to it, where
applicable, the late furnishing fee referred to in paragraph (c), within a time limit fixed in the invitation.
(b) Where at least part of the international application is filed on paper and the International Searching Authority finds that the
description does not comply with Rule 5.2(a), it may invite the applicant to furnish, for the purposes of the international
search, a sequence listing in paper form complying with the standard provided for in the Administrative Instructions,
unless such listing in paper form is already available to it in a form and manner acceptable to it, whether or not the
furnishing of a sequence listing in electronic form is invited under paragraph (a), and to pay, where applicable, the late
furnishing fee referred to in paragraph (c), within a time limit fixed in the invitation.
(c) The furnishing of a sequence listing in response to an invitation under paragraph (a) or (b) may be subjected by the
International Searching Authority to the payment to it, for its own benefit, of a late furnishing fee whose amount shall be
determined by the International Searching Authority but shall not exceed 25% of the international filing fee referred to in
item 1 of the Schedule of Fees, not taking into account any fee for each sheet of the international application in excess of
30 sheets, provided that a late furnishing fee may be required under either paragraph (a) or (b) but not both.
(d) If the applicant does not, within the time limit fixed in the invitation under paragraph (a) or (b), furnish the required
sequence listing and pay any required late furnishing fee, the International Searching Authority shall only be required to
search the international application to the extent that a meaningful search can be carried out without the sequence listing.
(e) Any sequence listing not contained in the international application as filed, whether furnished in response to an invitation
under paragraph (a) or (b) or otherwise, shall not form part of the international application, but this paragraph shall not
prevent the applicant from amending the description in relation to a sequence listing pursuant to Article 34(2)(b).
(f) Where the International Searching Authority finds that the description does not comply with Rule 5.2(b), it shall invite the
applicant to submit the required correction. Rule 26.4 shall apply mutatis mutandis to any correction offered by the
applicant. The International Searching Authority shall transmit the correction to the receiving Office and to the
International Bureau.
13ter.2
Procedure before the International Preliminary Examining Authority
Rule 13ter.1 shall apply mutatis mutandis to the procedure before the International Preliminary Examining Authority.
13ter.3
Sequence Listing for Designated Office
No designated Office shall require the applicant to furnish to it a sequence listing other than a sequence listing complying
with the standard provided for in the Administrative Instructions.
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