What happens if a required Sequence Listing XML is not submitted or is defective?
If a required Sequence Listing XML is not submitted or is defective on the filing date of an application, the USPTO will take action. According to MPEP 2414:
“When no ‘Sequence Listing XML’ or a defective ‘Sequence Listing XML’ is submitted on the filing date in an application where a compliance ‘Sequence Listing XML’ is required, the pre-examination staff will issue a notification that compliance with 37 CFR 1.831 – 1.835 is required and an added initial submission of a ‘Sequence Listing XML’ (37 CFR 1.835(a)) or replacement ‘Sequence Listing XML’ (37 CFR 1.835(b)) will be required.”
This means that the applicant will be notified of the need to submit a compliant Sequence Listing XML to proceed with the application process.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2414 - Notification Of A Failure To Comply With Sequence Listing Requirements And Amendments Relating To "Sequence Listing Xml" Files Under 37 Cfr 1.835,
Patent Law,
Patent Procedure