As previously informed, the transition of Sequence Listing files from Standard ST.25 to Standard ST.26 began last Friday (July 1st, 2022), worldwide. Despite following the rules of WIPO, each patent office is free to establish particularities related to this process.
In this sense, the Brazilian PTO announced today that the format of the Sequence Listing files for Brazilian national phase is determined by the filing date (international) of the patent application, rather than the priority date. In case of Brazilian national phase entries, the applications must follow the sequence listing format present in the international counterpart. We summarized below examples of filings and the format that must be presented at the Brazilian PTO, including both parent and divisional cases.
| Hypothetical examples | ST.25 | ST.26 |
| Patent applications filed in Brazil as of July 1st, 2022 | — | The applications must follow the new format. |
| Patent applications filed in Brazil as of July 1st, 2022, but claiming priority earlier than July 1st, 2022 | — | The applications must follow the new format. |
| National phase applications (originated from PCT applications) filed in Brazil as of July 1st, 2022 | The applications must follow this format if ST.25 was submitted in the international counterpart. | The applications must follow this format if ST.26 was submitted in the international counterpart. |
| Divisional applications filed in Brazil as of July 1st, 2022 (original application having filing date until June 30, 2022 and the Sequence Listing file in ST.25) | The applications must follow this format. | — |
| Divisional applications filed in Brazil as of July 1st, 2022 (original application having filing date from July 1st, 2022) | — | The applications must follow this format. |
| New versions of the Sequence Listing filed as of July 1st, 2022 based on applications filed until June 30, 2022 and having the Sequence Listing file in ST.25 | The new versions must follow this format. | — |
If you have any questions, please feel free to contact us. We will be glad to help you with this matter.
