What are the consequences of submitting non-compliant sequence listings in a patent application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Submitting non-compliant sequence listings in a patent application can have serious consequences. According to MPEP 2422.07:

“Applications filed on or after January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be accepted and the defective sequence listing will be treated in accordance with 37 CFR 1.52(e)(8).”

This means:

• The application may be accepted, but the defective sequence listing will need to be corrected.
• If the defect is not corrected within the time period set in the notice, the application may be held abandoned.
• For applications filed before January 1, 2022, different rules apply, potentially resulting in the application being held incomplete.