Can provisional applications be amended to correct a non-compliant Sequence Listing XML?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. No, provisional applications cannot be amended to correct a non-compliant Sequence Listing XML. The MPEP clearly states: Provisional applications cannot be amended, so if a provisional application contains a non-compliant “Sequence Listing XML” no notice relating to the requirements will be mailed in a provisional application. This means that if you submit a non-compliant Sequence Listing XML in a provisional application, you will not receive any notice about the non-compliance, and you cannot amend the application to correct it. It’s crucial to ensure that any Sequence Listing XML submitted with a provisional application is fully compliant with the requirements from the outset. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Provisional Application Cannot Amend Non-Compliant Sequence Listing XML MPEP 2415.02 Prohibited Sequence Listing XML Required for Provisional Applications Filed on or After July 1, 2022 MPEP 2415.02 Required Disclosure of Nucleotide and Amino Acid Sequences Required for Filing MPEP 2415.02 Sequence Data Submission Required for Provisional Applications Filed After July 1, 2022 MPEP 2415.02 Required Provisional Application Does Not Qualify for Priority MPEP 2415.02 No Priority Claim for Design Applications Based on Provisional MPEP 2415.02 Permitted Design Applications Cannot Claim Provisional Benefits MPEP 201.04 Prohibited Restoration of Provisional Application Benefit Not Limited to April 1, 2007 MPEP 1893.03(c) Required Utility Patent Applications May Claim Provisional Benefit MPEP 1502.01 Prohibited Requirement for Correcting Benefit Claims MPEP 1481.03 Permitted Other Related FAQs 5 FAQs Collapse What format is required for submitting s...