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
Tags: non-compliance, patent amendments, Provisional Applications, sequence listing, xml format