How does the USPTO handle applications with sequence listings that do not comply with 37 CFR 1.821-1.825?
The USPTO has specific procedures for handling applications with non-compliant sequence listings, as outlined in MPEP 2422.07:
- If the application is accepted for filing but the sequence listing is found to be non-compliant, the applicant will be notified.
- The applicant will be given a time period (usually two months) to submit a compliant “Sequence Listing.”
- This time period is extendable under 37 CFR 1.136(a).
The MPEP states: “Submissions in reply to requirements under this paragraph must be accompanied by a statement that the submission includes no new matter.” This ensures that any corrections to the sequence listing do not introduce new subject matter into the application.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2422.07 - Requirements For Compliance And Consequences Of Non - Compliance,
Patent Law,
Patent Procedure