What is the difference in USPTO treatment of defective sequence listings for applications filed before and after January 1, 2022?

The USPTO’s treatment of defective sequence listings differs significantly for applications filed before and after January 1, 2022. MPEP 2422.07 outlines these differences:

For applications filed before January 1, 2022:

“Applications filed before January 1, 2022, that are otherwise complete, but that contain defective sequence listings, will be treated as incomplete applications under 35 U.S.C. 111(a) or 371 and will not be accorded a filing date until the defective sequence listing is corrected.”

For applications filed on or after January 1, 2022:

“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).”

Key differences:

• Pre-2022 applications with defective listings were treated as incomplete and not accorded a filing date until corrected.
• Post-2022 applications with defective listings are accepted and given a filing date, with the defect treated under 37 CFR 1.52(e)(8).
• The new approach allows for correction of defects without losing the original filing date, which can be crucial for patent priority.

To learn more:

• sequence listings
• patent application
• USPTO procedure
• filing date