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From: Walsh, Brian

Sent: Monday, July 16, 2012 1:52 PM

To: seq_listing_xml

Subject: Comments on the Recommendation for the Disclosure of Sequence Listings using XML

(Proposed ST.26)

Attached please find Comments on the Recommendation for the Disclosure of Sequence Listings using

XML (Proposed ST.26).

Brian

Brian J. Walsh

Senior Corporate Counsel

Bristol-Myers Squibb Company

Email - Brian.Walsh@bms.com

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July 16, 2012

Via Email – seq_listing_xml@uspto.gov

Mail Stop Comments - Patents, Commissioner for Patents

Attn: Susan C. Wolski

Office of Patent Cooperation Treaty Legal Administration

Office of the Associate Commissioner for Patent Examination Policy

P.O. Box 1450

Alexandria, VA 22313-1450

RE: Request for Comments on the Recommendation for the Disclosure of Sequence Listings using

XML (Proposed ST.26)

Bristol-Myers Squibb Company (“BMS”) respectfully asks the United States Patent and

Trademark Office (“PTO”) to consider the following comments on the PTO’s proposal to revise the standard for

the disclosure of sequence listings from ST.25 to the XML standard and the consequent changes to the United

States rules of practice.

The PTO indicates that it prefers to have a clean transition from the current World Intellectual

Property Organization (“WIPO”) Standard ST.25 to the XML standard. The PTO proposes to accomplish this

transition by requiring all sequence listings filed for the first time in an application (including continuation,

continuation-in-part, and a divisional), at some future designated date (“XML Date”) to be filed in compliance

with the new XML standard.

However, it does not appear certain that a tool to convert a sequence listing from ST.25 to the

XML standard will exist at the time the rules will come into effect. Without such a conversion tool, patentees

would have to recreate their sequence listings presumably using the new XML software when filing sequence

listings in, for example, continuation applications. Not only does this create an undue burden and expense on

patentees by compelling them to recreate hundreds of sequence listings in XML format, but it also raises the

possibility that errors will be introduced into the converted XML sequence listing. Accordingly, in the absence of

a reliable conversion tool, BMS recommends that any sequence listing submitted in a patent application having a

priority date that predates the XML Date, may be submitted in either ST.25 or the XML standard, and that only

those applications that claim priority to a date subsequent to the XML Date will be required to utilize the XML

standard.

BMS appreciates the opportunity to provide its perspective on the PTO’s recommendation for the

disclosure of sequence listings using XML.

Respectfully submitted,

Brian J. Walsh

Senior Corporate Counsel

Bristol-Myers Squibb Company

Brian.Walsh@bms.com