Can the International Preliminary Examining Authority require a sequence listing after filing?

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.

Yes, the International Preliminary Examining Authority (IPEA) has the power to require a sequence listing after the initial filing of a PCT application. MPEP 1877 states:

“the International Preliminary Examining Authority may invite the applicant to furnish such a sequence listing complying with the standard provided for in the Administrative Instructions and pay a late furnishing fee.”

This provision allows the IPEA to request a compliant sequence listing if they determine it’s necessary for the examination process, even if it wasn’t included in the original application. The applicant may also be required to pay a late furnishing fee for this submission.