What happens if a patent application doesn’t meet the 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.

If a patent application filed on or after July 1, 2022, does not meet the sequence listing requirements, the USPTO will notify the applicant and provide a period of time to comply. This process is outlined in 37 CFR 1.835(d)(1):

“If any of the requirements of §§ 1.831 through 1.834 are not satisfied in an application under 35 U.S.C. 111(a) or in a national stage application under 35 U.S.C. 371, the applicant will be notified and given a period of time within which to comply with such requirements in order to prevent abandonment of the application.”

The applicant must then submit an amendment to add or replace the “Sequence Listing XML” in accordance with the requirements specified in 37 CFR 1.835(a) through (c).