MPEP § 2415.02 — Provisional Applications Containing Disclosures of Nucleotides and/or Amino Acids, Compliance with 37 CFR 1.831-1.834 (Annotated Rules)
§2415.02 Provisional Applications Containing Disclosures of Nucleotides and/or Amino Acids, Compliance with 37 CFR 1.831-1.834
This page consolidates and annotates all enforceable requirements under MPEP § 2415.02, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Provisional Applications Containing Disclosures of Nucleotides and/or Amino Acids, Compliance with 37 CFR 1.831-1.834
This section addresses Provisional Applications Containing Disclosures of Nucleotides and/or Amino Acids, Compliance with 37 CFR 1.831-1.834. Primary authority: 37 CFR 1.831 and 37 CFR 1.53. Contains: 1 requirement and 1 prohibition.
Key Rules
Provisional Application Requirements
(c)(4) A provisional application is not entitled to the right of priority under 35 U.S.C. 119, 365(a), or 386(a) or § 1.55, or to the benefit of an earlier filing date under 35 U.S.C. 120, 121, 365(c), or 386(c) or § 1.78 of any other application. No claim for priority under 35 U.S.C. 119(e) or § 1.78(a) may be made in a design application based on a provisional application. A provisional application disclosing nucleotide and/or amino acid sequences is not required to include a separate sequence listing; however, if submitted in a provisional application filed on or after July 1, 2022, any submission of nucleotide and/or amino acid sequence data must be by way of a “Sequence Listing XML” in compliance with §§ 1.831 through 1.834.
Similar to the rules of practice regarding provisional applications filed before July 1, 2022, that contain disclosures of nucleotide and/or amino acid sequences, provisional applications filed on or after July 1, 2022, are not required to contain a separate compliant sequence listing. However, if an applicant chooses to file a separate sequence listing in an application filed on or after July 1, 2022, the submission must be by way of a “Sequence Listing XML” that is compliant with 37 CFR 1.831 – 1.834. 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 the application.
Similar to the rules of practice regarding provisional applications filed before July 1, 2022, that contain disclosures of nucleotide and/or amino acid sequences, provisional applications filed on or after July 1, 2022, are not required to contain a separate compliant sequence listing. However, if an applicant chooses to file a separate sequence listing in an application filed on or after July 1, 2022, the submission must be by way of a “Sequence Listing XML” that is compliant with 37 CFR 1.831 – 1.834. 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 the application.
Benefit Claim in Specification
(c)(4) A provisional application is not entitled to the right of priority under 35 U.S.C. 119, 365(a), or 386(a) or § 1.55, or to the benefit of an earlier filing date under 35 U.S.C. 120, 121, 365(c), or 386(c) or § 1.78 of any other application. No claim for priority under 35 U.S.C. 119(e) or § 1.78(a) may be made in a design application based on a provisional application. A provisional application disclosing nucleotide and/or amino acid sequences is not required to include a separate sequence listing; however, if submitted in a provisional application filed on or after July 1, 2022, any submission of nucleotide and/or amino acid sequence data must be by way of a “Sequence Listing XML” in compliance with §§ 1.831 through 1.834.
(c)(4) A provisional application is not entitled to the right of priority under 35 U.S.C. 119, 365(a), or 386(a) or § 1.55, or to the benefit of an earlier filing date under 35 U.S.C. 120, 121, 365(c), or 386(c) or § 1.78 of any other application. No claim for priority under 35 U.S.C. 119(e) or § 1.78(a) may be made in a design application based on a provisional application. A provisional application disclosing nucleotide and/or amino acid sequences is not required to include a separate sequence listing; however, if submitted in a provisional application filed on or after July 1, 2022, any submission of nucleotide and/or amino acid sequence data must be by way of a “Sequence Listing XML” in compliance with §§ 1.831 through 1.834.
Sequence Listing Content
[Editor Note: This section is applicable to all applications with a filing date, or, for national phase applications, an international filing date, on or after July 1, 2022, having disclosure of one or more nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]
Citations
| Primary topic | Citation |
|---|---|
| Benefit Claim in Specification Provisional Application Requirements | 35 U.S.C. § 119 |
| Benefit Claim in Specification Provisional Application Requirements | 35 U.S.C. § 119(e) |
| Benefit Claim in Specification Provisional Application Requirements | 35 U.S.C. § 120 |
| Benefit Claim in Specification Provisional Application Requirements | 37 CFR § 1.55 |
| Benefit Claim in Specification Provisional Application Requirements | 37 CFR § 1.78 |
| Benefit Claim in Specification Provisional Application Requirements | 37 CFR § 1.78(a) |
| Benefit Claim in Specification Provisional Application Requirements | 37 CFR § 1.831 |
| Sequence Listing Content | 37 CFR § 1.831(b) |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2415.02 — Provisional Applications Containing Disclosures of Nucleotides and/or Amino Acids, Compliance with 37 CFR 1.831-1.834
Source: USPTO2415.02 Provisional Applications Containing Disclosures of Nucleotides and/or Amino Acids, Compliance with 37 CFR 1.831-1.834 [R-01.2024]
[Editor Note: This section is applicable to all applications with a filing date, or, for national phase applications, an international filing date, on or after July 1, 2022, having disclosure of one or more nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]
37 CFR 1.53 Application number, filing date, and completion of application.
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- (c)(4) A provisional application is not entitled to the right of priority under 35 U.S.C. 119, 365(a), or 386(a) or § 1.55, or to the benefit of an earlier filing date under 35 U.S.C. 120, 121, 365(c), or 386(c) or § 1.78 of any other application. No claim for priority under 35 U.S.C. 119(e) or § 1.78(a) may be made in a design application based on a provisional application. A provisional application disclosing nucleotide and/or amino acid sequences is not required to include a separate sequence listing; however, if submitted in a provisional application filed on or after July 1, 2022, any submission of nucleotide and/or amino acid sequence data must be by way of a “Sequence Listing XML” in compliance with §§ 1.831 through 1.834.
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Similar to the rules of practice regarding provisional applications filed before July 1, 2022, that contain disclosures of nucleotide and/or amino acid sequences, provisional applications filed on or after July 1, 2022, are not required to contain a separate compliant sequence listing. However, if an applicant chooses to file a separate sequence listing in an application filed on or after July 1, 2022, the submission must be by way of a “Sequence Listing XML” that is compliant with 37 CFR 1.831 – 1.834. 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 the application.