Can corrections be made to a “Sequence Listing” after submission?

Yes, corrections to a “Sequence Listing” can be made under certain circumstances. The MPEP states:

The Office may permit correction of the “Sequence Listing” submitted pursuant to 37 CFR 1.821(c), whether on physical sheets of paper or as a PDF image file, at the least, during the pendency of a given application by reference to the computer readable form thereof submitted pursuant to 37 CFR 1.821(e) if both the “Sequence Listing” and computer readable form were submitted at the time of filing of the application and the totality of the circumstances otherwise substantiate the proposed correction.

However, it’s important to note:

  • A mere discrepancy between the “Sequence Listing” and the computer readable form may not be sufficient to justify a proposed correction.
  • The burden is on the applicant to ensure discrepancies are minimized or eliminated.
  • There may be instances where the applicant has to bear the consequences of discrepancies.

To avoid such issues, the USPTO recommends submitting the “Sequence Listing” as an ASCII plain text file via their electronic filing system, which serves as both the listing required by 37 CFR 1.821(c) and the CRF required by 37 CFR 1.821(e), eliminating the chance for discrepancies.

To learn more:

Topics: MPEP 2400 - Biotechnology, MPEP 2422.04 - The Requirement For A Computer Readable Copy Of The "Sequence Listing", Patent Law, Patent Procedure
Tags: Crf, Sequence Listing Corrections, USPTO