Is electronic sequence listing part of application?
In the Canadian Intellectual Property Office (CIPO) we have started to import the electronic sequence listings from Patentscope to national entry in Canada if they were part of the international application. We have found it very confusing sometimes to determine if the electronic seq list is actually part of the international application under Rule 5.2(a), or only for search purposes under Rule 13ter. We check the cover/abstract and find:
It shows submission under Rule 5.2(a) as part of the application.
But when we check the search report, it shows that the electronic seq list was submitted only for search purposes under Rule 13ter and is not part of the application.
How do we clearly determine if the electronic sequence listing is actually part of the international application?
Other cases show 5.2(a) on the cover but a statement citing Rule 13ter in the document section in Patentscope.
Canadian Intellectual Property Office