How does the USPTO handle defective sequence listings in patent applications filed after January 1, 2022?

For patent applications filed on or after January 1, 2022, the USPTO has specific procedures for handling defective sequence listings. 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 will be accepted for filing.
• The applicant will be notified of the defective sequence listing.
• The applicant will be given a period of time to correct the defective sequence listing.
• If the defect is not corrected within the specified time, the application may be held abandoned.

It’s important to note that this procedure differs from that for applications filed before January 1, 2022, which were subject to different rules regarding sequence listing defects.

To learn more:

• sequence listings
• patent application
• USPTO procedure
• defective listings