Can provisional applications be amended to correct a non-compliant Sequence Listing XML?
No, provisional applications cannot be amended to correct a non-compliant Sequence Listing XML. The MPEP clearly states:
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 a provisional application.
This means that if you submit a non-compliant Sequence Listing XML in a provisional application, you will not receive any notice about the non-compliance, and you cannot amend the application to correct it. It’s crucial to ensure that any Sequence Listing XML submitted with a provisional application is fully compliant with the requirements from the outset.
To learn more:
Topics:
Compliance With 37 Cfr 1.831 - 1.834,
MPEP 2400 - Biotechnology,
MPEP 2415.02 - Provisional Applications Containing Disclosures Of Nucleotides And/Or Amino Acids,
Patent Law,
Patent Procedure