Article 17, Paragraph 6 of the Enforcement Rules of the Taiwan Patent Act stipulates that "where a patent application for an invention contains disclosures of one or more nucleotides and/or amino acids sequence, a sequence listing in compliance with the standard prescribed by the Specific Patent Authority shall be submitted as a separate part of the description, in addition thereto, a copy of said sequence listing in a computer-readable form may also be submitted." In this regard, the sequence listing shall belong to a part of the specification of an invention according to the Taiwan Intellectual Property Office (TIPO).
However, referring to international common practices, TIPO specified that the electronic data corresponding to the sequence listing submitted by an applicant according to the above-mentioned provision should be excluded from the calculation of fee for additional pages, for the purposes of alleviating the burden of the applicant.
According to TIPO’s explanation, the recitation of sequence listings is different from the literal description in the specification of an invention patent, and it usually comeswith a large number of pages. Besides, the examinationregarding such sequence listings usually focuses on the collation and search in prior art, unlike the comprehensive understandingof theliteral descriptionin the specification. To be in conformity with patent practice in the US, Japan, and Europe,as well as the provision of the Patent Cooperation Treaty, the content of sequence listings in a standard format willnot be charged withthe fee for additional pages.