What happens if a sequence in a drawing is not included in the sequence listing?

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.

If a sequence presented in a drawing is not included in the sequence listing, it can lead to compliance issues with the patent application. According to MPEP 2422.02:

“If a sequence is presented in a drawing, the sequence must still be included in the sequence listing if the sequence falls within the definition set forth in 37 CFR 1.821(a).“

Failure to include such sequences in the sequence listing may result in:

• The application being considered non-compliant with sequence rules
• Potential delays in the examination process
• Possible requirement for correction and resubmission of the sequence listing
• In extreme cases, it could affect the filing date of the application

To avoid these issues, applicants should ensure that all qualifying sequences, regardless of where they appear in the application, are properly included in the sequence listing.