What are the consequences of submitting a sequence listing that does not comply with 37 CFR 1.821-1.825?

According to MPEP 2422.07, submitting a sequence listing that does not comply with 37 CFR 1.821-1.825 can have serious consequences:

• The application may be regarded as incomplete and therefore may not be accepted for filing.
• If accepted for filing, the application may be denied the filing date.
• If granted a filing date, the application may be regarded as incomplete with a notice issued indicating that an compliant “Sequence Listing” must be submitted within a prescribed time period (usually two months) that is extendable under 37 CFR 1.136(a).

The MPEP states: “Provisional applications filed under 35 U.S.C. 111(b) need not have the restriction requirement satisfied in order to receive a filing date. However, complying with the sequence rules is necessary to complete the application and to obtain a filing receipt.”

To learn more:

• sequence listing
• non-compliance
• filing consequences
• 37 CFR 1.821-1.825