What are the consequences of non-compliance with Sequence Listing requirements?
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.
Non-compliance with Sequence Listing requirements can have significant consequences for patent applications. According to MPEP 2427, consequences may include:
- Delayed examination of the application
- Issuance of a notice of non-compliant amendment
- Requirement to submit a compliant Sequence Listing and associated documentation
- Potential loss of filing date if the non-compliance is not corrected in a timely manner
The USPTO uses various form paragraphs (e.g., ¶ 24.01 – ¶ 24.17) to notify applicants of specific deficiencies and required responses. For example, form paragraph ¶ 24.02 states: “This application fails to comply with the requirements of 37 CFR 1.821 – 1.825 because it does not contain a ‘Sequence Listing’ as a separate part of the disclosure or a CRF of the ‘Sequence Listing’.”
Applicants must address these issues promptly to avoid potential delays or other negative impacts on their patent applications.