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

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.

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Topics: MPEP 2400 - Biotechnology, MPEP 2422.07 - Requirements For Compliance And Consequences Of Non - Compliance, Patent Law, Patent Procedure
Tags: 35 U.S.C. 111(B), filing receipt, Provisional Applications, Sequence Listing Requirements