Are provisional applications subject to the same sequence listing requirements as non-provisional applications?

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.

Provisional applications have slightly different requirements for sequence listings compared to non-provisional applications, as outlined in MPEP 2422.07:

• Provisional applications filed under 35 U.S.C. 111(b) do not need to meet the sequence listing requirements to receive a filing date.
• However, complying with the sequence rules is necessary to complete the application and obtain a filing receipt.

The MPEP states: “Provisional applications filed under 35 U.S.C. 111(b) need not have the restriction requirement satisfied in order to receive a filing date. However, complying with the sequence rules is necessary to complete the application and to obtain a filing receipt.” This provision allows for more flexibility in filing provisional applications while still ensuring that sequence information is properly documented.